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
> Editor <http://www.foroyaa.gm/archives/author/editor>November 17, 2014
> <http://www.foroyaa.gm/archives/2420>
>
> 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.
>
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