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. ----------------------------------------------------------------------------