Brother Buharry,

Thanx for your piece.Keep it up.

Josph Joof,

I can understand your frustration, fear, insecurity and restlessness over
the coalition leadership.You can however make a fool out of yourself by
trying another slot.Remember the truth and only the truth shall set you
free. Peace.

Jobs.


>From: MOMODOU BUHARRY GASSAMA <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Joseph Joof and APRC Pulls another one
>Date: Wed, 22 Aug 2001 01:05:00 +0200
>
>Hi!
>     I must first of all register dismay at the statement by Mr. Joof that
>there is the possibility that Mr. Darboe might not be allowed to run for
>the
>Office of President of The Gambia. This registration of dismay stems from
>the fact that I foresee untold calamities for our dear country if this ban
>becomes actual. This is due to the fact that I cannot fathom UDP and the
>other parties and their supporters silently accepting this ban especially
>on
>the grounds upon which the ban is premised. The sections of the
>Constitution
>on which Mr. Joof is relying read:
>
>"62. (3) A person who, while holding public office in The Gambia has been -
>     (a) compulsorily retired, terminated or dismissed from such office; or
>     (b) has been found guilty of any criminal offence by any court or
>tribunal established by law; or
>     (c) or has been found liable for misconduct, negligence, corruption or
>improper behaviour by any     commission or committee of enquiry
>established
>by law
>
>shall not be qualified for election as President."
>
>It is clear that Mr. Joof is relying on subsection 3 (c) of  section 62 to
>disqualify Mr. Darboe. The question that arises is whether this subsection
>disqualifies Mr. Darboe. I have to state here that I am completely
>ignorant
>of the outcome of the proceedings of the Grant Commission in relation to
>Mr.
>Darboe but according to the forwarded article, "SoS Joof disclosed that
>under section 62(3), Darboe was ordered by a commission of inquiry into the
>activities of the Social Security and Housing Finance Corporation to pay
>back money to the SSHFCand that he appeared before Hon
>Justice Grant to challenge that order. He said the court dismissed that
>order on a preliminary objection, "so that order is still valid," ". If I
>understand what is being said here, Mr. Darboe challenged an order against
>him and the court dismissed the order on the basis of a preliminary
>objection. The order was therefore dismissed which if interpreted in
>everyday English means that Mr. Darboe was not actually found guilty
>because
>the case was never finalised. As things stand, I don't think the onus is on
>Mr. Darboe to prove anything. What happened when the order was thrown out?
>Was that the end of the case? Did both parties just let things die down? If
>so, what is Mr. Joof relying on to say that "the order is still valid"? If
>you are found guilty of something and sentenced and you appeal and the
>sentence is nullified on the basis of an objection, you are deemed not to
>be
>bound by the sentence. If the State had appealed against the throwing out
>of
>that order on the basis of the preliminary objection and the order was
>reissued, then we can say that Mr. Darboe had been found guilty. Going by
>what Mr. Joof stated, it can be safely deduced that the State did not
>challenge the dismissal of the order and that the Commission did not have
>the order reinstated. How can the order be therefore "valid"?
>     On Mr. Darboe's disqualification with regard to the National Assembly,
>Mr. Joof is relying on section 90 (e) which disqualifies a person from
>inclusion in an electoral list if the person:
>
>"has been found guilty by the report of a commission or committee of
>inquiry
>(the proceedings of which have been held and published in accordance with
>the relevant law) to be incompetent to hold public office by reason of
>having acquired assets unlawfully or defrauded the State or misused or
>abused his or her office, or wilfully acted in a manner prejudicial to the
>interests of the State, and the findings have not been set aside on appeal
>or judicial review;".
>
>     The emphais here is on "THE FINDINGS HAVE NOT BEEN SET ASIDE ON APPEAL
>OR JUDICIAL REVIEW". Where is the basis for disqualification here? Mr.
>Darboe might have been found guilty and ordered to pay but the order was
>dismissed or SET ASIDE when he appealed. Mr. Darboe is therefore not
>disqualified according to this section.
>     Unless the case was finalised and the order reinstated and Mr. Joof
>failed to mention that, I don't think the Constitution disqualifies Mr.
>Darboe from standing as a presidential candidate or a National Assembly
>member. It would therefore be a grave mistake on the part of the State to
>disqualify Mr. Darboe on such a basis especially at this present moment in
>Gambian politics. I would therefore advise or even appeal to Mr. Joof to
>reconsider the basis of this disqualification and urge the IEC to really
>ponder the legal basis upon which this disqualification will rest should
>the
>State pursue it and be absolutely sure that whatever it decides is based on
>sound legal reasoning. The basis of my appeal is premised upon the fact
>that
>this is an election year in a tense country in an unstable region and the
>public servants upon whom this decision rests have a responsibility and
>moral and all other obligations to do their best to keep the country away
>from civil strife. I just have a feeling that if Mr. Darboe is disqualified
>on this basis, the country is going to witness civil strife because any
>action in relation to trying to ban Mr. Darboe will be interpreted in this
>election year as an attempt by the State to rig the elections. This will in
>turn have repercussions that might not augur well for our country. I
>therefore appeal again to all concerned to really look into the basis for
>disqualifying Mr. Darboe and do something that one would happily stake
>one's
>honour on. Thanks.
>
>Buharry.
>
>
>
>
>----- Original Message -----
>From: "Dampha Kebba" <[log in to unmask]>
>To: <[log in to unmask]>
>Sent: Tuesday, August 21, 2001 9:02 PM
>Subject: Re: Joseph Joof and APRC Pulls another one
>
>
> > Joke of the millennium. Just like Pap Cheyassin Secka mishandled the
>Report
> > of the Commission of Inquiry looking into the Massacre of our children
>on
> > April 10 and 11, 2000, Joseph Joof is also digging his own grave. The
>moron
> > is going to plunge the country into civil war. That this man calls
>himself
>a
> > lawyer and then make such ludicrous statements is just beyond me.
>Instead
>of
> > the IEC, now it is Yaya and Joseph Joof that determines who is running
>and
> > who is not. This is what always angers me about the moralizers in this
>forum
> > and elsewhere. People see this blatant injustice and provocation and
>they
> > say nothing until the Opposition retaliates to stand its ground. If I
>were
> > Darboe and the Alliance, we would NOT even react to the vermin (Joseph
> > Joof). That would just make the nonentity feel important. Is this not
>the
> > vermin that came to the United States and ran away when people started
> > asking him questions?
> >
> > Now, the vermin has the courage to stand up and say that our Alliance
>leader
> > will NOT run in the elections. The mental midget does NOT even have the
> > wherewithal to rationalize why Darboe should be banned.  What we are
> > witnessing here is sheer panic. The vermin know that the momentum is
>with
> > the Opposition. They have heard about the crowds and the intensity in
> > Brikama. They have heard about the determination of the Gambian people
>NOT
> > to let Yaya steal these elections. They know that everyone hates them in
>the
> > country. PPP supporters they intimidated in the past are now supporting
>the
> > Alliance. Yaya does NOT have any plans for the future of the country.
>His
> > record sucks. It is one of murder, mayhem, destitution (for ordinary
> > Gambians) and rampant corruption (for Yaya and his cohorts).
> >
> > Yaya and his gang know that 'repealing' Decree 89 spelt their final
>demise.
> > They are now engaged in damage control. Seeking other means to ban
>people.
>I
> > knew Joseph Joof was a moron, but I would have thought that the
>knucklehead
> > would at least come up with a better 'legal' means to BAN Darboe. This
> > citation of the SSHFC Commission and the Constitution is laughable. If
> > Joseph Joof thinks that he and his boss (Yaya) can prevent Darboe from
> > running, he must be the biggest moron in the country. They tried
>preventing
> > us from getting an Alliance. Needless to say, they failed. Now, all they
>are
> > doing is testing the waters to see how else they can rig the elections.
>I
> > say: ignore the morons. Let the Alliance just take their papers to the
>IEC
> > and see whether Gabriel Roberts will have the guts to reject the papers.
>If
> > the papers are rejected and Darboe is prevented from running, anything
>that
> > happens will be on Yaya's head. If I were Joseph Joof, he should be
> > preoccupied about regularizing Yaya's papers. Whereas every Gambian
>knows
> > that Ousainou Darboe is a Gambian and people know Darboe's ancestors,
>there
> > are doubts about Yaya's citizenship. How many Gambians know Yaya's
>parents
> > and where they came from? The callous way the vermin has treated the
>Gambian
> > people (especially our children that were slaughtered April 10 and 11,
> > 2000), only goes to show that the low-life is NOT a Gambian. If the IEC
> > accept his papers, the Alliance should sue the APRC and the IEC for
>fielding
> > an ALIEN as a candidate in elections meant for Gambians. How about that?
>The
> > knucklehead (Joseph Joof) deserves a knuckle sandwich for uttering such
> > preposterous words. DARBOE WILL BE BANNED. This is hilarious.
> > KB
> >
> >
> >
> > >From: Malamin Johnson <[log in to unmask]>
> > >Reply-To: The Gambia and related-issues mailing list
> > ><[log in to unmask]>
> > >To: [log in to unmask]
> > >Subject: Joseph Joof and APRC Pulls another one
> > >Date: Tue, 21 Aug 2001 18:17:48 +0000
> > >
> > >From the Daily Observer
> > >
> > >CAN DARBOE RUN FOR PRESIDENT?
> > >
> > >by Augustus Mendy Political Desk
> > >
> > >As activities for the presidential election reaches its climax, the
> > >Attorney
> > >General and Secretary of State for Justice, Joseph Joof, has disclosed
>that
> > >Ousainou Darboe, coalition presidential candidate has to prove to the
> > >Independent Electoral Commission that he is eligible to contest the
> > >forthcoming elections. Speaking to the Daily Observer yesterday, SoS
>Joof
> > >disclosed that under section 62(3), Darboe was ordered by a commission
>of
> > >inquiry into the activities of the Social Security and Housing Finance
> > >Corporation to pay back money to the SSHFCand that he appeared before
>Hon
> > >Justice Grant to challenge that order. He said the court dismissed that
> > >order on a preliminary objection, "so that order is still valid," he
> > >outlined. SoS Joof challenged Ousainou Darboe to satisfy the IEC
> > >requirements and the public regarding the order made against him by the
> > >commission which is still valid does not result in him being "caught by
>the
> > >above section of the constitution". "Obviously, if he is disqualified
>under
> > >section 62, then he is not qualified under section 90 for National
> > >Assembly," SoS Joof reasoned.
> > >The report of the commission indicated that "it was the unanimous view
>of
> > >the commission that the work could not be seen easy, to have been
>eagerly
> > >pursued since the source of the D30,969 came from public funds, the
> > >commission would respectfully order Mr Darboe to refund it to the
> > >corporation through the office of the Accountant General within six
>weeks".
> > >SoS Joof outlined that nomination of candidates requires that every
> > >aspiring
> > >presidential candidate satisfies and fills a declaration addressed to
>the
> > >IEC to show that they have not been liable for misconduct, negligence,
> > >corruption or any improper behaviour by any commission or committee of
> > >inquiry. "So it is for Darboe to prove that the order made against him
>by
> > >the commission of inquiry into the activities of the SSFHC does not
>fall
> > >under this section. "He has to satisfy the people and the IEC before he
>can
> > >be a presidential candidate even though the Brikama rally was talking
>about
> > >parties choosing him." Commenting on the political parties, SoS Joof
> > >disclosed that they are yet to get the final list from the IEC.
> > >GPP and NCP said they had registered but it has to be confirmed, PDP
>says
> > >they have no money, but what is more important is for them to register
>in
> > >accordance with the IEC. "Just saying we are back as political parties
>is
> > >not enough. You actually have to register," he said. SoS Joof outlined
>that
> > >only APRC, PDOIS, NRP and UDP are recognised as registered parties "UDP
> > >presidential candidate, Lawyer Darboe is yet to meet some
>requirements."
> > >SoS
> > >Joof also said that birth certificates were very important for anybody
> > >whose
> > >age might be called into question if they wanted to contest. "If they
>have
> > >no birth certificates, then dental test and other means could be used.
>They
> > >should be mindful of all these things," he concluded.
> > >
> > >
> > >
> > >>
> > >
> > >_________________________________________________________________
> > >Get your FREE download of MSN Explorer at
>http://explorer.msn.com/intl.asp
> > >
> >
> >---------------------------------------------------------------------------
>-
> > >
> > >To unsubscribe/subscribe or view archives of postings, go to the
>Gambia-L
> > >Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
> > >You may also send subscription requests to
> > >[log in to unmask]
> > >if you have problems accessing the web interface and remember to write
>your
> > >full name and e-mail address.
> >
> >---------------------------------------------------------------------------
>-
> >
> >
> > _________________________________________________________________
> > Get your FREE download of MSN Explorer at
>http://explorer.msn.com/intl.asp
> >
> >
>--------------------------------------------------------------------------
>--
> >
> > To unsubscribe/subscribe or view archives of postings, go to the
>Gambia-L
> > Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
> > You may also send subscription requests to
>[log in to unmask]
> > if you have problems accessing the web interface and remember to write
>your full name and e-mail address.
> >
>--------------------------------------------------------------------------
>--
>
>----------------------------------------------------------------------------
>
>To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
>Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
>You may also send subscription requests to
>[log in to unmask]
>if you have problems accessing the web interface and remember to write your
>full name and e-mail address.
>----------------------------------------------------------------------------


_________________________________________________________________
Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp

----------------------------------------------------------------------------

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
You may also send subscription requests to [log in to unmask]
if you have problems accessing the web interface and remember to write your full name and e-mail address.
----------------------------------------------------------------------------