Letter To President Jammeh On Femi Peters Re: the Wise Counsel of Reason and Justice on Femi Peters

 

By Halifa Sallah

 

Thursday 1st April 2010 came at the eve of a day Christians call "Good Friday." Femi Peters is a Christian. Good Friday embodies the essence of a holy week among the Christian fraternity and sorority which marks the crucifixion and death of Christ which is followed by his resurrection that encompass the core belief system of the Christian faith.

 

It is an irony that at the eve of this symbolic day, when the hearts of all Christians are expected to beat in unison with the heart beat of a battered and persecuted Christ who moved from one stage of betrayal and suffering to another with higher intensity so that the believers of the faith could be redeemed, Femi Peters would be sent to jail. Few would have ever predicted a year ago that on Good Friday he would be in prison uniform waiting to serve a sentence of one year for having been found guilty of "Control of the use of loud speakers" and "Control of procession."

 

Mr. President I am quite aware that when rights are granted one could take two options when they are breached by constituted authority. One could resort to the courts for redress which is the legal thing to do or defy the authority which comes with legal cost if one is unable to impose one’s will on the authority. It is however a fact of history that when two forces act outside of the ambit of the protection of law the one which controls mightier power prevails. Power only concedes to superior power. This is the law of political science and it is incontrovertible.

 

My purpose for writing is not to dwell on the verdict of the court. The objective is to invite you to revisit how the problem emerged in the first place and to further rethink what your government should do to prevent the reoccurrence of such a problem. Mr. President, currently, political parties are engaged in exercising their rights at varying degrees to put their policies and programmes before the people. It is evident that the issuing of permits is not designed to negate or seize rights of people and associations in a democratic society but to regulate their manner of exercise so that conflict between stakeholders or natural persons in the exercise of those very rights could be avoided. If your Government is to come to a rational decision regarding Femi’s case it should address the following questions. Would you deny other parties permits if they applied to use loud speakers to hold rallies?

 

Will you continue to deny the UDP party permit to use loud speakers to hold rallies? How would the integrity of your government be defended if any aggrieved party decided to apply to the high court for redress and the court rules in its favour? Would the government defy the order of the High Court?

 

How will it look to have Femi incarcerated while UDP in particular and other political parties in general are given permits to use loud speakers to hold rallies and to hold processions?

 

In my view what is decent for your government to do is to revisit the denial of permit, redress that anomaly, exercise your prerogative of mercy to release Femi and give support to the inter-party committee so that its code of conduct would be adhered to the letter to ensure respectable and peaceful coexistence of political parties and free and fair election in 2011.

 

This is the wish of the peace and justice loving Gambian people. It is a wish that your government has capacity to make realsable.

 

Mr. President, you have taken oath to respect and uphold the Provisions of the 1997 Constitution and the laws of the land. Section 17 of the constitution states that:

"The fundamental rights and freedoms shall be respected and upheld by all organs of the executive and its agencies……."

 

Section 25 of the constitution sub section 1 (e) adds: "Every person shall have the right to freedom of association which shall include freedom to form and join associations and unions, including political parties and trade unions."

 

Mr. President, "the elections decree states that: "Political parties may be established to participate in the shaping of the political will of the people, to disseminate information of political ideas and or political, economic and social programmes of a National Character and to sponsor candidates."

 

It further indicates that: "The number of political parties shall not be limited by law and every citizen of the Gambia shall have the right freely to choose whether or not he or she will become a member of a political party and which party he or she will support."

Suffice it to say the memorandum that was signed by all political parties in 2005 provided a code of conduct which states that: "A party that has subscribed to this code of conduct will "respect the right of all other parties to campaign freely and to disseminate their political ideas and principles without fear;

 

"respect freedom of speech, of the press, of assembly and of peaceful demonstration;

"refrain from disrupting or frustrating the legitimate activities of other political parties, including the holding of political rallies, meetings, marches or demonstrations;

"Organise and conduct activities at all times in a manner that contribute towards a congenial and peaceful atmosphere ;

 

"avoid using inflammatory and defamatory language and not in anyway threaten or incite violence in any form against any person or group of persons;".

The point is clear. The instruments and code of conduct are in place to regulate multiparty activity in the country. An inter-party committee exists to promote dialogue. What is left is the political will to back words with action.

 

Mr. President, let me conclude by recalling that on the same day that Femi was being sent to jail, in Senegal, the Opposition and the Government had an impasse on the issue of permit to hold demonstration against the inauguration of a statue depicting African Renaissance, a religious leader, Sering Abdul Aziz Sey Junior, was allowed to mediate. The outcome was a peaceful demonstration which did not interfere with the commemoration of the state. All is now history. History is also waiting to be made in the Gambia. I hope you will have the political will to redress the wrong and counsel the present Inspector General of police to exercise his powers without any discrimination among political parties.

 

By a copy of this letter i also wish to express my hope that other opposition parties will not impose ban on themselves in holding rallies. They should apply to use public address systems if they are indeed ready to hold rallies. They should share any denial of permits with other parties so that concerted actions could be taken through the inter-party committee to redress any discriminatory practice.

 

Finally, Gambia is also waiting to have respectable mediators between the ruling party and the opposition. History will honour those who stand and become counted as the nation calls for its best sons and daughters to guide her towards a destiny of liberty and prosperity.

 

However, allow me to conclude by saying that a self restrained power needs no guide or mediator. It acts according to the dictates of conscience and the National interest.

Yours in the Service of humanity

 

Halifa Sallah

 

Cc. IEC

POLITICAL PARTIES

CIVIC AND RELIGIOUS LEADERS