Brother Hamjatta, thanks once again for putting the points across so
convincingly. I am glad you pointed out the inherent problems posed by this
legal challenge to Johnson's firing. If you recalled, on December 15, 2000
after the firings were announced, we counseled the Opposition to 'take this
fight to the streets' and fight for the principle that our rights as
citizens were being eroded by the diabolical duo of Yaya and Pap Cheyassin
Secka. In subsequent mail after I heard murmuring about a legal action on
behalf of Johnson and after I heard some prominent members of the Opposition
praising Johnson, we cautioned them again to let Johnson loose. Johnson was
not and is not on our side.

As you would say, the Opposition decided again to opt for a low risk
strategy and went to court. Court cases are not handled in The Gambia,
expediently. Litigation is slow everywhere, much more so in The Gambia where
when AG Chambers is supposed to report to court, their lawyers
contemptuously decide not to show up. Had the Opposition listened to our
so-called radical ideas, and demonstrated their opposition to the unlawful
firing 'in the streets of Banjul, something would have given by now. Either
Yaya will follow the Constitution or the masses will drive him out of
office. As you rightly pointed out, the courts cannot and will not force
Yaya to do a thing. Did we not see the contempt with which Yaya treated two
reports (commission's and coroner's) that originated from the Chief Justice
pertaining to the massacre of our children? This man have no respect for the
laws of our country. What Yaya understands is survival. Since we cannot bank
on Joseph Joof or Sankung Badgie to enforce court rulings on Yaya, we should
take the law into our own hands and enforce such on Yaya.

But I think there is a way out of this quagmire. We have more than a month
until the by-elections in Baddibu and Kiang. The Opposition have enough time
to regularize the illegality that is the current constitution of the IEC. As
far as I am concern, both Johnson and Roberts are APRC cronies. The
Opposition is not better off with any of these characters at the helm of the
IEC. What the Opposition should be concerned about, is the resolutions these
people will be passing at the IEC from now till election time. The ideal
scenario as far as I am concerned, is for the Opposition to mobilize and go
to Banjul and force Yaya to regularize the situation by reinstating Johnson.
Judging from past experience, I am almost certain that that would not
happen. The next best thing is for the Opposition to point out to Joseph
Joof the glaring illegality in Johnson's firing. The hope here is for Joof
to have the guts to relay to Yaya that the way Johnson was fired, was
illegal. Johnson would be reinstated and then asked to resign. Yaya will
then be free to appoint his other crony. As I said, I do not care whether we
have Johnson or Roberts. All I am concerned about here, is to safeguard the
legitimacy of the election victories we are going to get in Baddibu and
Kiang.

In any case, the Opposition have to make sure that the matter is regularized
before the by-elections. If Roberts' appointment is not regularized, that
will taint any election victory. The Opposition would also be estopped from
raising this irregularity in future court proceedings or in the court of
public opinion. I am encouraged by the fact that the Opposition is also
focusing on Roberts' actions and not getting too preoccupied by the
personality at the helm of the IEC. Shenanigans proposed by Roberts, viz
transportation of ballot boxes for counting purposes should be vigorously
challenged. Scrutinize every move Roberts makes and ensure that he does not
steal the elections for Yaya. If the man is adamant about stealing the
elections, let him pay with his life. This is war. Roberts or anyone that
heads the IEC should not be allowed to abuse the Gambians by stealing their
God given right of choosing their leader.

Hamjatta, thanks again for your contributions and for pointing out that the
Opposition  not only have to win the by-elections, but they have to have a
clean and convincing victory. The mess at the IEC has to be cleaned up
before the by-elections. Cleaning up the mess might involve 'radical' moves.
The Opposition should make those moves. If they do not want to make the more
'radical' moves, I counsel them to give Joof our proposal to legalize
Johnson's departure by asking him to resign, and Roberts' arrival by
rescinding his current commission and then reappointing him. I will send
Joof my bill later.
KB

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