Modou,

I wish to hereby seek clarification from Foroyaa regarding what they mean by their headline: "ON FEMI PETERS AND THE PRESIDENT THEY ARE AT IT AGAIN AT THE DETRIMENT OF JUSTICE AND THE INNOCENT"

I sincerely hope that Foroyaa is not suggesting that the on-line debate that we are having as to "whether the President should be approached to exercise his prerogative of mercy under the Constitution and release Femi Peters or not"  (Foroyaa) or on the different viewpoints expressed by us, online debaters as to whether such an approach to the President constitutes "begging" is what Foroyaa considers to be to the "deteriment of justice and innocent"; the innocent rightly referring to Femi Peters.

I believe that our President have already been directly and indirectly approached by Gambians and non-Gambians alike about the travesty of justice that was the outcome of Femi's politically-motivated trial and imprisonment by the Gambian Government. Since most of us are not privileged enough to directly tell President Jammeh that the imprisonment of Femi was unjust, we would have to rely on the online media to make our views known to him. Unfortunately, not of all of including myself are bothered with the niceties of using diplomatic language in our bid to put accross our  messages to the President. I for one am not saying that the President should not be "approached to exercise his prerogative of mercy" in the interest of having justice attained for Femi. The President has been and could be approached even more and as often as it suits anyone. However the President could indeed be approached without being begged. The President knows more than anyone that the imprisonment of Femi Peters is not only wrong but also indefensible. If he had believed in the proclamation in our national anthem that let justice guiding our actions, Femi should not have seen the inside of prison.

I might be wrong about my impressions of Foroyaa's article/editorial; clarification is therefore sought.

Thanks!

Bailo






--- On Fri, 21/5/10, Modou Nyang <[log in to unmask]> wrote:

From: Modou Nyang <[log in to unmask]>
Subject: Foroyaa Editorial: ON FEMI PETERS AND THE PRESIDENT THEY ARE AT IT AGAIN AT THE DETRIMENT OF JUSTICE AND THE INNOCENT
To: [log in to unmask]
Date: Friday, 21 May, 2010, 18:07

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.

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