ON FEMI PETERS AND THE PRESIDENT THEY ARE AT IT AGAIN AT THE DETRIMENT OF JUSTICE AND THE INNOCENT

 

There is a big debate abroad whether the President should be approached to exercise his prerogative of mercy under the Constitution and release Femi Peters or not.

 

We at Foroyaa cannot understand why some people consider such an act as begging. The office of President does not belong to an individual. It belongs to a people. They put in office the person they want to be in office. Hence the powers and prerogatives which are vested in the office of president should not be seen to belong to a particular person who occupies the post. The provision in the Constitution which provides for the exercise of prerogative of mercy is meant for the purpose of promoting justice. Jurisprudence teaches that justice should be tempered with mercy. Justice is not synonymous to vindictiveness. Any person who is vindictive should neither be a President or a Judge or adjudicator. Such positions should only be occupied by people who could temper justice with mercy. This is what leads to fairness in decision making.

 

It is common knowledge that justice must not only be done but must also be seen to be done.

 

After a decision is maid by a subordinate court to convict and imprison a person, that person could only be released by a superior court or through the exercise of prerogative of mercy by the president. Both actions are Constitutional. Prerogative of mercy is usually exercised to prevent or rectify miscarriage of justice. It helps a president to change the outcome of a trial which cannot be justified before the judgment seat of National and International public opinion. Sober leaders or those who know how to defend their interest know when to institute prerogative of mercy.

 

Gambians should bear in mind that a country needs a mature ruling party and a mature opposition if the people are to coexist under a genuine multi party system. History has shown that force alone cannot bring peace and stability. A case in point is Thailand. The government had to surrender commanding powers to the head of the military so that they could crush the demonstrators. These demonstrators are now infiltrating buildings and are positioning themselves to set the country into flames as the government use more force. This means that Thailand is ungovernable while the world is turning its back. Eventually others would have to come to save the people of Thailand from themselves.

 

Institutions and Institutional processes are created by countries which, if honoured and respected, prevent countries from sliding into a state of ungovernability. The opposition in the Gambia should be seen to be keeping its own side of the contract. It is left for the Government to reciprocate and use the state machinery to protect those who aim to exercise their freedom of expression and association and not stand idly by and watch people incarcerated for exercising such rights. Every Gambian who loves his or her country and every person who treasures peace and justice should prevail on the president to exercise his prerogative of mercy and release Femi Peters. The President should not wait for any one’s appeal. It is best for him to act unilaterally and tear this sad page of our history.