HellO YJ et al,I am surprise the influence your good Online Newspapers have on the readership in the Gambia and for Gambians around the world. It seems that almost everryone reads the online papers rather than the government owned and censored Observer. You guys are making a great difference to the freedom of speech in The Gambia. Keep up the good work.On the issue of sedition in The Gambia, I have a gut feeling that Deyda was murdered by Yaya because there was no sedition law to stop him from exercising his right to free speech. Dictators like Yaya want to get their way by hook or by crook and will what ever it takes to silence anyone.cheers----- Original Message -----From: [log in to unmask]" href="mailto:[log in to unmask]" target="_blank">Y JallowTo: [log in to unmask]" href="mailto:[log in to unmask]" target="_blank">[log in to unmask]Sent: Sunday, June 28, 2009 6:58 AMSubject: Re: SEDITION: The Magistrates Courts and the unlawful assault on protected expression in The Gambia“Under the common law, sedition is only provable where there is an intention to achieve a change of government through violence and disorder, and this strongly suggests that a mere allegation of seditious intent by the State is not dispositive of the substantive allegation of sedition. Even if the alleged expressions at issue in all the cases are conceded as having occurred, the question for a presiding Magistrate must be the character that takes speech out of the realm of legitimate public debate into the arena of agitation for an immediate, violent overthrow of the Professor’s government? On the foregoing definition, and jurisprudential discussion - and they must be seen as underscoring the proper doctrinal understanding of sedition even in The Gambia - the answer has to be negative. It is vital to note that the inferior nature of the Criminal Code makes it a clearly subordinate law to the 1997 Constitution of the Republic of The Gambia (the Constitution). Let us examine what the Constitution, with all its tragic flaws regarding the allocation of national power to the constituent branches of our Government, says about the type of speech at issue in all the sedition cases so far alleged, and, or, prosecuted, before magistrates in The Gambia.” LJD
Hi LJD,
I was mourning Jackson...and now that things are apparently subsiding, I join you in debate over the fitting topic in discussion, “sedition.” Whatever vision prompted the write-up or the new column, should I call it, it is a step long overdue.
I equally join bro Karim and the many here to thank you for a well researched paper. I went through your paper in its entirety. At times, I took a pause; and others I moved fast. I must tell you that the paper came at a dire time for the people to be enlightened on the provisions of the law, as enshrined in our supposed glorious guiding spirit –Gambia’s constitution. The reason why that is -because it is the dominant reason(s) why Gambians are suffering under the hands of the Professor, as your choice of title in addressing the human aggressor.
From your piece, we can summarize that the Professor’s “witch hunting” ploy is not at all to be termed “sedition” as he (Jammeh) falsifies under pretence because it is not supported by the common law. He is using the arms of justice to execute his wishes through a ploy of silencing the populace by this very capricious technique of bullying innocent fellows freely exercising their rights.
“As the jurisprudence on sedition emanating from the magistrates courts is completely unedifying, it is about time the insidious legislation at the heart of such consistent judicial chicanery is fully tested for constitutional compatibility at the High Court, and beyond, if necessary. I take the view that the higher judiciary must not remain largely untested on issues pertaining expression if only because we must have a proper perspective on the judicial philosophy of current judges vis-à-vis socio-political questions touching on human rights. As expression is likely to remain a contentious area of public life even in a post-Professor Gambia, the need to develop our jurisprudence in this area cannot be overemphasised.”LJD
I only hope the likes of Magistrate Buba Jawo, Justice Paul and the many other knuckleheaded “legal” uniformed men dancing to the professor’s aggression are reading you. The reason why that is because hell broke loose under their judgments especially when it has to do with presiding over such baseless accusations “The State vs. X/Y...”
“Clearly, freedom of speech and expression must be seen as entrenched Constitutional clauses, even if theoretically, and as such, may not be capable of control by inferior legislation in the Criminal Code. There is no question that the current utilisation of sedition law strikes at the heart of constitutional protection of expression, and it is impermissible to decide that conflict in favour of inferior legislation. This is not to argue that even in the high threshold realm of public life and affairs, speech and expression should always be completely unfettered in The Gambia. Under appropriate circumstances, it is not inconceivable for the claw back provisions to be legitimately invoked, but none of the seditious allegations, prospective prosecutions, and, or, convictions over the past two years are defensible in law.”LJD
I doubt ever the professor like other dictators everywhere will ever give it just like the snap of a finger. One must be ready to pick up his voice, in it recognize his or right to freedom, equality and liberty. With the muzzling of the local press, Gambians especially must champion the online media and give it a sense of direction. If the ongoing trend doesn’t stop, one can predict very soon, they would have silenced a good number of people.
It is interesting to ascertain, Jammeh is reading on line. Of late, he started defended himself, even to the extent of referencing the internet. That tells you that online commentaries are poking his oblongata. Thank God and the technology of internet.
Once again, thank you in kind. Consider this column to be a continuous one as time permits you.
Regards,
Little yj
On Fri, Jun 26, 2009 at 8:24 AM, abdoukarim sanneh <[log in to unmask]> wrote:
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yj
There is no god but Allah and Muhammad is His messenger.
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