This is beatiful and precise. It is to the point devoid of vainglorious chatter. Good on you GMC. I encourage all Gambians to consider strengthening the GMC. I again commend GMC-Senegal branch for their initiative. Haruna. Thanx for sharing Laye. -----Original Message----- From: A Jallow <[log in to unmask]> To: [log in to unmask] Sent: Thu, Jul 30, 2009 12:20 am Subject: Fw: GMC Leader Asks President Jammeh to Resign Immediately, Or Else... http://www.senegambianews.com/printFriendly.cfm?articleID=18818 GMC Leader Asks President Jammeh to Resign Immediately, Or Else... Published 07/30/2009 - 12:34 a.m. GMT GMC's Response to President Jammeh's Interview on GRTS on July 22, 2009 Due to fundamental matters of state bordering on human rights and national security, GMC deems it important to respond to the issues raised by President Jammeh in his GRTS interview of 22nd July 2009, with Mr. Kebba Dibba. Our reaction is based on the contents of the printed copy of the said interview as reported in the Foroyaa Newspaper, which the President has not denied. The President is the custodian of the law of the Land. He is not only required to enforce the law, but the first to set the moral and legal example for all citizens. GMC is gravely concerned that the recent utterances of President Jammeh constitutes a formidable threat to law and order and a blatant violation of the law. In that interview, the President asserted that peo ple must substantiate evidence against his government. This is what GMC seeks to do here: to prove that President Jammeh manifestly desecrated Gambian law, and in consequence we call for him to resign. In the absence of his failure to resign, it is the constitutional mandate of The Gambia National Assembly to commence his impeachment proceedings. Should parliament abdicate this constitutional obligation, Gambians would be justified to take all legitimate means necessary to assure the supremacy of the laws of our Land. Any action (emphasis) taken by Gambians or a section of Gambians to save our Republic from such constitutional anarchy, GMC contends is turgidly legitimate and would be beyond reproach. The President referring to the GPU 7 said: “Those people, they will face the full force of the law and we are not going to compromise.” This commentary to us is direct interference in the on-going prosecution of the GPU 7. This is a direct communication and public instruction to Justice Emmanuel Fagbenle to convict all remaining accused persons without regard to law and evidence. It amounts to a presidential verdict of conclusive guilt even before the court had the opportunity to hear and determine all of the relevant facts, and which the presiding Judge is required to adopt and legitimise in his judgment. It is a public admission by President Jammeh that it is him, and he alone who determines guilt and innocence in such species of trials, and judges are mere rubber stamps. It should not therefore sur prise the world that the GPU 7 could be certainly convicted and sentenced to prison based on a mere presidential declaration, and not on any sound law. By passing sentence before the exhaustion of on-going judicial processes, the President acted sub judice, and consequently he is guilty of contempt of court. Any ordinary citizen who makes the same pronouncements as President Jammeh on July 22nd 2009 is liable to be arrested and brought before a judge to show cause why he should not be sent to prison for interfering with on-going legal proceedings. The police call it in extension, a type of obstruction of justice, and citizens have been prosecuted in The Gambia. Any ordinary citizen would be liable to be convicted and sent to prison thereafter for making exactly the same inferences made by President Jammeh under exactly identical circumstances. Since Gambian constitution makes equality before the law an entrenched clause, President Jammeh should be treated in no different way. If this public violation of the law attracts no legal consequences, then GMC contends that such impunity is impeccable evidence that there is no rule of law in The Gambia. It means in The Gambia, constitutional provisions are worthless than toilet paper. We invite President Jammeh and his entire government including his spin masters to refute this fact with evidence to the contrary. In dismissing the Speaker of the National Assembly and the Chief Justice, President Jammeh is guilty of gross constitutional violations. Gambian=2 0law stipulates clearly defined procedures for the removal of judges or Speaker of the National Assembly. President Jammeh is patently guilty of procedural irregularity, and this constitutional abnormality renders the subsequent appointment of the current Chief Justice Akomaye Agim illegal, unconstitutional and ultra vires. We invite President Jammeh and his entire government machinery to refute this GMC contention with imputation to the contrary. GMC is gravely concerned that although a Criminal Division exists at the High Court under established judicial administrative system, and which should normally try alleged offenses for which the GPU 7 now stands, the case was assigned to a different Judge in a completely different Division of the High Court. We are mindful of the argument that the Chief Justice in his discretion may assign cases to any Judge he deems fit, but such argument would make total rubbish of the specialised divisions of the courts. A Judge of the Criminal Division of the High Court of The Gambia is normally the appropriate judicial officer to try the GPU 7, and NOT Justice Fagbenle, the new GPU 7 Judge. In consequence GMC calls for: 1. President Jammeh to retract his statement in which he clearly inferred the guilt of the GPU 7, constituting sub judice. 2. The Gambia National Assembly to initiate impeachment proceedings against President for gross violations of the provisions of the Constitution of The Gambia in the event that he fails or refuses to resign in compliance wi th Gambian law. 3. Citizens of The Gambia the world over to take appropriate steps in protection of our Republic and the enforcement of the supreme law of our Land, in the event that Parliament fails or refuses to impeach the President. 4. Support of the international community to assist Gambians in securing the rule of law and to put an end to impunity by all means necessary. The protection of human rights is now settled under international law, a shared obligation and a duty for all nations to practically support. 5. Boycott of the courts by lawyers and litigants until such a time a new Chief Justice is effected in accordance with the provisions of The Gambian Constitution. 6. Boycott of The Gambia National Assembly by all members of Parliament until such a time that a new Speaker is appointed in accordance with the provisions of The Gambian constitution. 7. Sustained legitimate democratic action by Gambian civil society until such a time that the Executive complies with the laws of the Land. GMC however takes this opportunity to express the view that legitimate democratic processes is the best assurance of political continuity and provide lasting basis for the creation of the culture of tolerance and plurality. Issued by GMC National Secretariat ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask]