Koto Malang,
Lamin mu kefanting leti!
Kejau
Date: Thu, 20 Nov 2014 15:22:42 -0500
From: [log in to unmask]
Subject: Re: This is not about the 1970 or 1997 constitutions.
To: [log in to unmask]
Lamin,
I can't believe you will go down controversy lane again. First, we
must remove the pin in our rear-end before asking who stuck it in!
Malanding
On 11/20/2014 11:43 AM, Lamin Darbo wrote:
Well Malanding, there
are two vital aspects to this case and the Supreme Court
utterly dropped the ball on the other by asserting it lacks
authority to propound on whether there is a valid death
penalty law in The Gambia. It has the constitutional mandate
to do so, and it would not be "speculative" at all,
notwithstanding the CJ's position.
In Justice Raymond
Sock's now discredited decision two years ago, he actually
dealt with the issue in a disturbing manner and the record
would have reflected the thoughts of the Court on the
matter. So the Court should have decided on whether there
is a valid death penalty regime in The Gambia. I'm unsure
that there is anything in the decision to be grateful to the
CJ about.
On another point, I
certainly do not think there was an "editorial oversight".
What I meant was that this was a short piece that did not
pretend to embark on a detailed scrutiny of the decision.
About overthrowing a
democratically elected government, I'm sure you are aware
that is a contested view. I never wavered from the position
that displacing the PPP was justified.
LJDarbo
On Thursday,
20 November 2014, 16:02, Kejau Touray
<[log in to unmask]> wrote:
It is reasonable to say that
generally the 1997 is a lot better than the 1970
constitution when it was adopted in 1997, but it
has been muddled up gradually to suit the
dictatorship and that is what makes it worse now.
Nevertheless, Foroyaa was spot on, when it said
that particular provision is not present in the
1970 constitution.
Thanks,
Kejau
Date: Thu, 20
Nov 2014 10:21:21 -0500
From: [log in to unmask]
Subject: Re: This is not about the 1970 or 1997
constitutions.
To: [log in to unmask]
Perhaps an editorial oversight
but I thought this was a good opportunity for
what grade school educators call positive
reinforcement. For the first time in many
years the courts are trying to do the right
thing that is follow the law. This chief
justice should be visibly encouraged to keep
up the good work. For that I thought the story
muddied the water by even mentioning 1970
constitution.
On a ligjter note, as the Irish winter sets in
our good friend will have no better place to
warm up than Gambia-l:) You can take that to
the bank!
Malanding
On Nov
20, 2014 9:57 AM, "Lamin Darbo" <[log in to unmask]>
wrote:
Malangding
Foroyaa's piece
is a brief
journalistic/editorial reflection on
the latest Tamba decision and it is
accurate to wonder why this matter
went to the Supreme Court twice in
light of the clarity of the
pertinent part of section 18 of the
Constitution regarding who
can/cannot be sentenced to death.
Are you not taking a sledgehammer to
a butterfly?
I thank you anyway
for dragging my good friend out of
hibernation. Glad he is well!
LJDarbo
On Thursday, 20
November 2014, 12:51, Modou
Mboge <[log in to unmask]>
wrote:
Nyang,
Let the Professor,
the Accountant cum
journalist and former
'Finance Minister' of
Sedia Bayo's exiled
goverment and our
resident angry
environmentalist puff
hot air whilst
Foroyaa continues to
do its excellent work
for the Gambian
people. It is all good.
Best,
Mboge
On Thu, Nov 20,
2014 at 11:03 AM,
Modou Nyang <[log in to unmask]>
wrote:
I
guess that
calling of
"some of us"
also include
those like me
who hold that
the 1997
constitution
is far
superior to
the 1970
one.It is good
that everyone
of us have an
opinion and
ready to
express it
even if they
may not be
backed by
evidence.
What
is irrefutable
is that
constitutions
and other laws
or policies
are never self
implementing.
That mishap or
disregard by
those with the
authority to
do so can
never be a
yardstick to
measure their
effectiveness
or lack of it
in comparison
to others.
Relying on an
simple
introductory
premise to
comment on the
importance of
highlighting
the
contradictory
and illegal
sentencing of
people to
death is
disingenuous.
Abdoukarim,
i suggest you
better start
by editing
yourself first
and not let
others
assuming the
opposite of
what your
actually
write. Then,
you or anyone
else can bring
forward the
relevant
portions of
the 1970
constitution
that you say
helped
strengthened
governance in
the Gambia
better than
the current
document. And
then we can
pick up from
there.
Anything less
than that will
just be the
expressions of
sentimental
opinions just
like the one
on elections
you are trying
to pass.
Nyang
On Wednesday,
November 19,
2014 10:26 AM,
suntou touray
<[log in to unmask]>
wrote:
Karim, I
agree with
your take. So
long as Jammeh
remains at the
helm of our
national
affairs,
democracy will
be a shadow
semblance. The
constitution
is only useful
when it serve
Jammeh's
purpose,
sometimes the
air of
something
proper do
occur, but it
is all a grand
myriad. An
illusion to
put us off a
bit.
Thanks
SUntou
On Wed,
Nov 19, 2014
at 2:29 PM,
abdoukarim
sanneh <[log in to unmask]>
wrote:
Suntou
The 1970
constitution
have strength
our democratic
culture. It
has its
deficit among
which includes
term limits
lack of
independent
electoral
commission and
others. But
remember
election use
to be free and
fair. Let
Foroyaa stop
the nonsense.
The 1997
constitution
just give yaya
Jammeh
absolute power
and narrow the
space for
democratic
participation. With
the ban on
political
parties they
spearhead the
advocacy for
its
endorsement
and even serve
as a shadow
consultancy in
its crafting.
Its separate
the cabinet
from the
legislative
and giving
Yaya Jammeh
the power to
appoint
members judges
electoral
commissioners.
Suntou 20
years down the
line how many
ministers are
appointed? The
1970
constitution
have given us
rule of law
and good
governance.
Date: Wed, 19
Nov 2014
11:47:09 +0000
From: [log in to unmask]
Subject: Re:
This is not
about the 1970
or 1997
constitutions.
To: [log in to unmask]
Dr
Jaiteh, I
agree, this is
not about
which document
is good/bad or
superior to
the other.
Both documents
haven't solve
the core
obstacle to
our democracy,
gaping term
limits. And
the death
penalty should
be totally
eliminated,
not needed. I
guess the
finger prints
on the new
constitution,
in the person
of foroyaa
editorial
consultant,
Halifa will
always make
the 1997
constitution a
pet project.
Thanks
Suntou
On Tue,
Nov 18, 2014
at 4:01 PM,
Malanding
Jaiteh <[log in to unmask]>
wrote:
Some of
us are of the
opinion that
the 1970
Constitution
was not
suspended
because of its
flaws but to
legitimize an
illegal usurp
of power by
the military.
And despite
its many flaws
including the
lack of the
said
subsection 2
only one (1)
person was
executed under
the 1970
constitution.
Even without
going into the
merits of the
August 9
execution and
the trial,
conviction and
treatment of
Lang Tombong
and Co., do we
really believe
that commuting
their death
sentence to
life is the
result of the
existence of
subsection 2
in the 1997
constitution?
And that they
may have had
no reprieve
had the 1970
constitution
being around?
Rather than
focusing on
the difference
between 1997
and 1970
constitutions,
I believe the
writer should
commend
Justice Nawaz
Chowhan and
team for doing
the right
thing by
confirming
whats explicit
in the
constitution
and go further
to demand that
their
conviction be
thrown out in
its entirety
as evidence
suggest it to
be politically
motivated.
Malanding
Courtesy: http://www.foroyaa.gm/archives/2420
A LAND
MARK DECISON
OF THE SUPREME
COURT NOBODY
WILL BE
SENTENCED TO
DEATH WHO HAS
NOT TAKEN THE
LIFE OF
ANOTHER
EditorNovember 17, 2014
When the
High Court
sentenced Lang
Tombong Tamba,
Omar Bun Mbye,
Bo Badjie,
Kawsu Camara
(alias
bombardier),
Modou Gaye,
Gibril Ngorr
Secka and
Abdoulie Joof
to death,
Foroyaa did
not hesitate
to point out
that the only reason
why the
provision on
the protection
to the right
to life in
the 1997
Constitution
was superior
to that of the
1970
Constitution
is Subsection
2 of Section
18 of the
Constitution.
Subsection
2 reads: “As
from the
coming into
force of this
constitution ,
no court in
the Gambia
shall be
competent to
impose a
sentence of
death for any
offence unless
the offence is
prescribed by
law and the
offence
involves
violence, or
the
administration
of any toxic
substance,
resulting in
the death of
another person.”
Simply
put, a court
is barred from
imposing a
death sentence
on anyone who
has not killed
another.
This
means that all
the death
sentences for
treason under
the criminal
code should be
amended to
conform with
the provisions
of the
Constitution
or should be
disregarded as
null and void
by courts when
no evidence of
killing is
given during a
trial.
We were
surprised how
this
unambiguous
provision
could be
subjected to
misinterpretation
by any legal
mind and the
Supreme Court
has served the
cause of
justice by
giving the
provision its
proper
interpretation.
Pardon
should follow
to end the
nightmare of
spending years
on death row
and not
knowing when
the end would
come.
いいいいいいいいいいいいいい
いいいいいいいいいいいいいい
い To
unsubscribe/subscribe
or view
archives of
postings, go
to the
Gambia-L Web
interface at:
http://listserv.icors.org/archives/gambia-l.html
To Search in
the Gambia-L
archives, go
to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the
List
Management,
please send an
e-mail to: [log in to unmask]
いいいいいいいいいいいいいい
いいいいいいいいいいいいいい
い
--
www.suntoumana.blogspot.com
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To
unsubscribe/subscribe
or view
archives of
postings, go
to the
Gambia-L Web
interface at:
http://listserv.icors.org/archives/gambia-l.html
To Search in
the Gambia-L
archives, go
to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the
List
Management,
please send an
e-mail to: [log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To
unsubscribe/subscribe
or view
archives of
postings, go
to the
Gambia-L Web
interface at:
http://listserv.icors.org/archives/gambia-l.html
To Search
in the
Gambia-L
archives, go
to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the
List
Management,
please send an
e-mail to: [log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
--
www.suntoumana.blogspot.com
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To
unsubscribe/subscribe
or view
archives of
postings, go
to the
Gambia-L Web
interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in
the Gambia-L
archives, go
to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the
List
Management,
please send an
e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To
unsubscribe/subscribe
or view archives
of postings, go to
the Gambia-L Web
interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the
Gambia-L
archives, go to:
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the
List Management,
please send an
e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To
unsubscribe/subscribe or
view archives of postings,
go to the Gambia-L Web
interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the
Gambia-L archives, go
to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List
Management, please send
an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To
unsubscribe/subscribe or view archives of
postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to:
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please
send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To
unsubscribe/subscribe or view archives of
postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an
e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To
unsubscribe/subscribe or view archives of
postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an
e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the
Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
|
