(:
I suggest to you that the Secretary General's advice to Imam Leigh confirms my contention Professor Jammeh permits independents because for now, he is under no serious threat from them. A few independent National Assembly Members, and Councillors, does not present a scenario to frighten him. When a fully united opposition with an independent candidate threatens in a presidential election, the Professor will invoke the exclusive party-political participation provision of the Constitution regarding public elections and trigger a national crisis in the process. If you are in any doubt here, check the Secretary General.s speech as transcribed by Foroyaa. A Machiavellian is waiting to spring a potentially violent trap at the opportune moment. I can't tell how the crisis would resolve itself, but it is on the cards in the event of a fully united opposition with an independent presidential candidate
LJDarbo
Haruna.
-----Original Message-----
From: Lamin Darbo <[log in to unmask]>
To: Haruna <[log in to unmask]>
Sent: Thu, May 30, 2013 3:11 pm
Subject: Fw: [G_L] Gambia: Constitutional question on age limit in contesting elections for the Presidency????
----- Forwarded Message -----
From: Lamin Darbo <[log in to unmask]>
To: [log in to unmask]
Sent: Wednesday, 29 May 2013, 13:55
Subject: Re: [G_L] Gambia: Constitutional question on age limit in contesting elections for the Presidency????
Demba
As always, I appreciate your deep and continuing concern for the sorry state of our public life
The 1997 Constitution of the Republic of The Gambia (the Constitution) is for the exclusive benefit of Professor Jammeh. A future government can have no use for it, and the good thing is there is no obligation to maintain it. It is an instrument of violence and stalemate and is utterly unfit for a modern democratic state. It is too bulky and is intended as a micromanagement tool of the entirety of Gambian public life. There is no alternative to its complete scrapping. Our Constitution is not like the neutral American one where succeeding governments have no need for scrapping it.
As you must have observed, the National Consultative Committee (the Committee) did a great job and mainly hit the right notes. Its report is nuanced, and it demonstrated, in general, the governance concerns of Gambians as transmitted to us by the Committee's distinguished membership . Three of its critical recommendations made it into the Constitution, and they are the provisions on the IEC, Ombudsman, and a so-called Bill of Rights eviscerated as it is by anti-democratic claw-back clauses. How can a Bill of Rights and the Femi Peters imprisonment exist in the same country given the facts underlying his case. Similarly, the IEC, and the Ombudsman, are both ultimately answerable to Professor Jammeh, and are therefore worthless in their current form In our Constitution, all roads lead to the presidency!
Rightly, the Committee recommended against the inclusion of a civic education provision in the Constitution. It has no place in a modern Constitution and must be abandoned when change comes to The Gambia. Although unexpressed, it appears that the preference of a Constituent Assembly over a referendum as a ratifying mechanism of a subsequent constitution was due to the Committee's concern over the inherent nature of the two approaches. As the Junta was not interested in a calm and considered deliberation, it went for a referendum that favour dictators in dictatorships.
It is unclear why the Committee did not explicitly recommend a term limit for the presidency. It left this to the Constitutional Review Commission, thus affording the Junta a moral escape from this pivotal concern. Did the people not suggest that to the Committee?
A "broader discussion" is necessary, but for now, there is nothing we can do about the Constitution except fall back on its inbuilt amending mechanism. That cannot happen when Professor Jammeh has such overwhelming control of the National Assembly. This empties our system of all the oxygen of dissent and heightens the possibility of violent change of government in The Gambia.
I don't know whether you read the State House speech of Secretary General Njogu Bah (see Foroyaa) on the occasion of Imam Baba Leigh;s release from state-sponsored abduction. The Secretary General said the President delegated him to tell Imam Leigh that if he wanted to participate in politics, he should form a political party and enter the political arena. Even leaving aside the expression and association guarantees of the Constitution, why should Imam Leigh form and register a political party considering independents can, and do participate in our public elections.
I suggest to you that the Secretary General's advice to Imam Leigh confirms my contention Professor Jammeh permits independents because for now, he is under no serious threat from them. A few independent National Assembly Members, and Councillors, does not present a scenario to frighten him. When a fully united opposition with an independent candidate threatens in a presidential election, the Professor will invoke the exclusive party-political participation provision of the Constitution regarding public elections and trigger a national crisis in the process. If you are in any doubt here, check the Secretary General.s speech as transcribed by Foroyaa. A Machiavellian is waiting to spring a potentially violent trap at the opportune moment. I can't tell how the crisis would resolve itself, but it is on the cards in the event of a fully united opposition with an independent presidential candidate
LJDarbo
From: Demba Baldeh <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, 28 May 2013, 19:11
Subject: Re: [G_L] Gambia: Constitutional question on age limit in contesting elections for the Presidency????
LJD,
Thanks for weighing in on this subject and for clarifying the constitutionality of the age limit. I was hoping to generate more broader discussion on this subject in regards to not only this provision in the 1997 amended constitution but also to include other provisions that may have been inserted in the new constitution that may be overlooked thus leaving us with little option in challenging its constitutionality...
It is interesting that we can't challenge "the constitutionality of the constitution" even if it is clear to all that it is deceptive and therefore needs to be overhauled. I am guessing this might create even a bigger problem for a new government in Gambia that would want to change some of these provision in the constitution. We got some serious work to do Gambia and the APRC may end up deepening our governing mess than we may realized.... Time will be the judge on this...
Much appreciated...
Demba
On Sun, May 26, 2013 at 10:00 PM, Lamin Darbo <[log in to unmask]> wrote:
Demba
You are assuming ours to be a normal constitution where the drafting process was underpinned by a proper and disinterested sensitivity to the balancing of competing demands across the public spectrum of The Gambia. Our Constitution is Professor Jammeh's document, and it was meant to favour his ambitions through and through. It does in a manner that absolutely astounds. Not that a Constitution could have effectively stood in his way even if it is the time-tested and enduring US Constitution with its balance masterfully choreographed to the demands of public liberty.
In so far as the age requirement is an express provision of the Constitution, it is not open to challenge in the courts. There is nothing to clarify on the point. It can be changed, but that has to be done via the Constitution's prescribed amending mechanism. There is absolutely no chance of that happening as long as Professor Jammeh is in power. Numerous amendments were made to the Constitution, and without exception, all were intended to consolidate the Professor's hold on power.
Presumably, different calculations went into other age provisions, e.g. Judges, and those are therefore not interposable as arguments to vitiate the legality of the upper age qualification for the presidency. The five year residency qualification is a more lethal weapon in the hands the Professor than the upper age provision.
As for the so-called "consultative" process, it was a scam, and there was never any serious commitment to respect its findings and recommendations. Professor Jammeh is a profound Maciavellian, an utterly dangerous man. When he is gone, the Constitution must be overhauled. For now we are stuck with it, presidential age requirements and all.
LJDarbo
From: Demba Baldeh <[log in to unmask]>
To: [log in to unmask]
Sent: Monday, 27 May 2013, 3:35
Subject: Re: [G_L] Gambia: Constitutional question on age limit in contesting elections for the Presidency????
Sorry for all the typos.. I meant to say it was not an act of parliament, and that could it be challenged in the courts?
Any inputs would be greatly appreciated...
Thanks
Demba
On Sun, May 26, 2013 at 7:29 PM, Demba Baldeh <[log in to unmask]> wrote:
In my interview with Lawyer Darboe, we discussed the constitutionality of the Presidential age limit restriction; I wanted to find how did that provision clause made it to our constitution? Was it part of the recommendations presented by the consultative committee? Was it inserted by the Junta after or before the referendum? It appears that it was an act of Parliament? How did we end up with that provision?
Could be challenged in a court of law, does it contradict other provisions in the constitution example Judges age limits, etc... Could we have our legal experts, political and or historians please help clarify this issue. It would also be great if Dr. Jallow who was part of the consultative committee explain if this issue came up during their consultations and if so what does he think was the rationale behind this rule?
In inputs and or discussions would be greatly appreciated...
Happy Memorial Day to all of you and your families...
Thanks
Demba
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