Suntou Former President Jawara was right in asserting that the Preamble to the 1997 Constitution is "self serving propaganda ... superfluous and should be expunged". It remains the case today! Even in 1996, this particular Preamble was partisan and hollow, but it is a total joke today. The current government has completely rejected its own Preamble to the Constitution in so far as its governance record and philosophy is concerned. As a secular Republic, there should be no place for the very first sentence of the Preamble. On the fundamental freedoms, Jawara's contention that "the protection of fundamental rights and freedoms should be total and absolute" was, on any reasonable analysis, over-broad. However, this is not to say the contention lacks merit. He probably suspected, and rightly, that the new rulers of The Gambia would display no meaningful fidelity to either the spirit or the letter of the guarantees around the fundamental freedoms. How else do we explain the conviction and sentence of FJM, Femi Peters, or the GPU-6? Although the "watered down" provisions - what I called the claw back clauses - are clearly included in the Constitution "to confuse the people as practiced in former Communist regimes”, the Chapter IV rights on things such as expression, and religion, are strong enough tools for conscientious jurists to utilise with a view to avoiding perverse outcomes in legally impermissible prosecutions. LJDarbo --- On Mon, 27/6/11, suntou touray <[log in to unmask]> wrote: From: suntou touray <[log in to unmask]> Subject: Re: [G_L] Treason, and Concealment of Treason To: [log in to unmask] Date: Monday, 27 June, 2011, 12:54 Farang A good question. May I also bring it to the attention of LJD that, former President Jawara raised some of the issues we are talking about back in 1996 before the constituion was ratified. What we are today calling a constitution is a shame. Here is some of what he said back then: www.suntoumana.blogspot.com Tuesday, 21 June 2011 Former President Jawara's Fear of what became the 1997 Constitution Former President Jawara’s Views On The Draft Constitution June 1996, Sir Dawda K. Jawara, the former president of the Gambia also made the following comments in his opening remarks. Jawara opined that “The draft constitution was crafted by the military with the active assistance of Ghanaian lawyers drawing their inspiration from the peculiar history of Ghana and with one aim in mind, i.e. to keep the AFPRC/APRC in power at all cost.” Mr. Jawara also asserts among other things that: “The preamble to the Constitution is self serving propaganda. It is superfluous and should be expunged from a serious document like the Constitution.” Mr. Jawara says the preamble should be out.Furthermore, Jawara asserted that ‘The protection of fundamental rights and freedoms should be total and absolute. These basic rights should not be watered down by the juxtaposing of other rights to confuse the people as practiced in former Communist regimes.” On Sun, Jun 26, 2011 at 12:47 AM, <[log in to unmask]> wrote: Demba, Thanks for your pertinent Questions and your apt analysis, my Question to Our Honorable Brother LJD, is ' Do you think in your professional Opinion the Criminal Justice System in The Gambian Constitution NEEDS to be Overhauled? Farang? -----Original Message----- From: Demba Baldeh <[log in to unmask]> To: GAMBIA-L <[log in to unmask]> Sent: Sat, Jun 25, 2011 1:18 pm Subject: Re: [G_L] Treason, and Concealment of Treason LJD, Thanks for citing the constitutional provision under which Abbas Manneh was convicted, and Dr. Janneh and co are being prosecuted under. I think this raises pertinent questions on the constitutionality of these cases and how the Jammeh regime is frivolously using loop holes in the constitution to consistently deny Gambians the right to fair trial and due process of the law! So I wanted to get your take as one of the best legal minds we have to possibly explain to the readership that those of us without legal background struggle with constantly! Do you reasonably believe that the Gambian judiciary fairly and ethically apply the laws in our constitution to prosecute and convict citizens? Do you also agree that there is judicial activism in Gambia where outcome of cases especially ones involving the state are predictable and obvious? What are the ethical and moral standards in universal legal practice for defense counsels to agree to represent the accuse pro bono or at a fee when they - the legal counsel knows that the outcome of the case is a predictable conviction? In fact knowing that judges appointed by the state are activists judges and will no doubt rule in favor of the state in almost all criminal cases, why would defense counsels agree to appear before such judges and courts? Does this constant appearance of Gambian lawyers before the courts in fact not legitimize the system that openly convict citizens using flimsy provisions of the law? Finally sorry for the long questions, do you believe the Gambia bar association in fact enables this regime to constantly abuse citizen rights to due process of the law by denial them fair trial, bail, and reasonable sentencing where convicted? Why would the legal body continue to be used by the courts without anyone taking a stand?? Sorry LJD, I just wanted to pick your brain on some of these issues that I think may be contributing to constance abuse of our judiciary system! Your time and educating input is greatly appreciated! Thanks Demba Sent via BlackBerry from T-Mobile From: Lamin Darbo <[log in to unmask]> Sender: The Gambia and Related Issues Mailing List <[log in to unmask]> Date: Sat, 25 Jun 2011 10:52:06 +0100 To: <[log in to unmask]> ReplyTo: The Gambia and Related Issues Mailing List <[log in to unmask]> Subject: [G_L] Treason, and Concealment of Treason Folks Applying the law of treason to the facts as advanced by the State, is it legally defensible to accuse Dr Amadou Scattred Janneh of this particular offence? Can the State discharge its burden of proving the allegation beyond reasonable doubt? Do remember that the words of the statute are ordinary every day words and should be construed accordingly. You may wish to consider the possibility of a conflict between the law of treason, and the fundamental freedoms under Chapter IV of the 1997 Constitution where expression appears to be the core factual element of the allegation. If indeed there is a conflict, how should an adjudicating court, in this case the High Court, resolve that in Dr Janneh's matter? LJDarbo Section 35 of the Gambia’s Criminal Code Treason (1) A person who:- (a) Prepares or endeavours to overthrow the Government by unlawful means (b) Prepares or endeavours to procure by force any alteration of the law or the policies of the Government (c) Prepares or endeavours to carry out by force an enterprise which usurps the executive power of the State in any manner of both a public and a general nature (d) Incites or assists or procures a person to invade The Gambia with an armed force or unlawfully to subject any part of The Gambia to attack by land, sea or air or assists in the preparation of any such invasion or attack (e) In the time of war and with intent to give assistance to the enemy, does any act which is likely to give such assistance (f) Causes or attempts to cause the death of a member of the Government or other citizen of The Gambia with a view to securing the overthrow of the Government or with intent to coerce any other citizen of The Gambia into opposing the Government or otherwise into withdrawing or withholding his or her support from the Government, or (g) Conspires with any other person or persons to effect any of the purposes specified in paragraphs (a) to (f)of this subsection, commits the offence of treason and, subject to subsection (2) of this section, is liable on conviction to be sentenced to death or to imprisonment for life (2) Where a person commits an offence under paragraph (f) of subsection (1) of this section, he or she shall, on conviction, be sentenced to death Section 36 of the Gambia’s Criminal Code Concealment of Treason A person who knowing that any other person intends to commit treason , does not- (a) Give information thereof within ll reasonable despatch to a Minister, a Magistrate, a police officer or a member of the Armed Forces, or (b) Use other reasonable endeavour to prevent the commission of the offence, commits an offence and is liable on conviction to imprisonment for life ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ 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] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ 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] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ -- www.suntoumana.blogspot.com ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ 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] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤