Mawdo Yero(Hope you still don't mind I call you that?)I cannot agree more. You quite right some of those Lawyers have been vocal for example Council Marin and co and they should be commended but the fact is majority have been mute for so long now and Gambians must collectively challenge the tyrant's strategies to hijack all institutions of the Gambian's democratic arm.As for my "ISIRABEH" Magisterate Buba Jawo? What a shame? I was lost for words as to how low some people can bring themselves. You called it recycled? I think it was more than that.All the same lets all pray that he has learnt his lessons.x

king
 Date: Mon, 26 Sep 2011 08:45:25 -0500
From: [log in to unmask]
Subject: Re: Moses Richards  --adherence to the Constitution.
To: [log in to unmask]








Bro Bamba, Kanja et al:

 

It couldn't be put any better. I think Haruna was speaking for all of us. I like the beautiful way he put the points across. This is truly a shame on Jammeh once again. 

 

I would have love to wear the Joe or LJD uniform at this point. That is to say some of these lawyers needed not wait before their very own is touched before they can start make noise. I know a majority of them haven't been quiet. With due respect, where were some of these lawyers when the most heinous crimes were committed on Gambians? I saw magistrate Buba Jawo being recycled, and I said, chei yyyyyyyy....pathetic idiots! Some of them have long since joined the mercenary judges in mass exodus from Nigeria. It is impunity, impunity, impunity and impunity! 


 

Yero



There is no god but Allah (SWT) and Muhammad (SAW) is His messenger. Fear and Worship only Allah alone!
 





Date: Sat, 24 Sep 2011 02:24:34 -0400
From: [log in to unmask]
Subject: Re: [G_L] Moses Richards --adherence to the Constitution.
To: [log in to unmask]


Thank you Yero for sharing Halifa and our constitution.

Thank you for highlighting the matter of Lawyer Moses Richards.

The cordon that the constitution affords the judiciary could console the least sober of judges and indeed officials of that branch of government. It underpins the separation of powers doctrine for the health of all democracies. In the US, in the Marbury V. Madison conversations, I remember that this idea of cordon was the ultimate seat of that decision. This is where the Press yields reason to be the 4th rail of governance. Au-gratis governance. For centuries, nations have agonied over these and those extremes of victors in war, elections, and prize-fights. A review of Ol' Shakespeare's "Julius Caesar" affords us context and perspective history.

This doctrine of separation of powers makes certain presumptions:

1. The powers to be separated must have an indigenous character in form, fashion, and mark. In other words, the powers must be subsets of each other who make the whole.
2. None of the constituent partner powers can have unilateral veto, of either sanction or coercion, over any or all of the the other powers. 
3. The cordon therefrom, covers the entire fraternity of each of the powers.

In Gambia, there is a separation of powers doctrine. However, none of the 3 presumptions exist. It is sort of like building a sandcastle on the beach, at the mercy of wind, rain, tides, and errant animals (including man). The first offense committed against Moses Richards and Gambians was the easing out of Richards from the Judiciary some years ago. However, he always retained the extended sanctuary of the legal fraternity. In Yahya and the Nigerian mercenary judges' small minds, the fact that Richards is no longer a judge, he forfeits the inviolability asserted by the Cordon doctrine. Unawares, these mercenary judges and Yahya are all undermining their own protections by having violated the second presumption above. After Yahya "breached" or weakened the first presumption sufficiently enough, the mercenary Nigerian judges proceeded to breach the second presumption. They will now realize that the architecture of the Cordon doctrine is such that the dismantling of the underlying principles (presumptions) necessarily undermines the constituent powers that the Cordon addresses.

In other words Yero, I share with you that the illegal prosecution and incarceration of Lawyer Moses Richards is itself not tenable. It yields enormous anxieties for its corrosive affects on our Gambian society at large, but it will not stand for it is self annihilation. The small minds will come to realize that. Hopefully sooner rather than later. We the citizens of Gambia must not therefore mortgage our own lives and divine contract through the mirage of Lawyer Richards' chagrin.

I thank you for the opportunity to share broader perspectives.

Haruna.


-----Original Message-----
From: Y Jallow <[log in to unmask]>
To: a Gambia-L <[log in to unmask]>; aaagpu usa <[log in to unmask]>; aa1gambiapost mailing <[log in to unmask]>
Sent: Fri, Sep 23, 2011 7:00 am
Subject: Re: Moses Richards --adherence to the Constitution.





http://www.gainako.com/news/news/2011/09/23/pdois-on-the-need-for-a-protection-of-legal-practitioners-act.html
 
[The third institution whose administrators are given immunity for the judgment they deliver in court is the judiciary. Section 123 of the Constitution states that "A Judge or other person exercising power shall not be liable to any action or suit for any act or omission by him or her in good faith in the exercise of his or her judicial function."]--Hon. Halifa Sallah, PDOIS
 
 
If the above constitutional stipulation cited by Hon. Sallah of PDOIS is to go by, then it clearly explains by Lawyer Moses Richards is a prisoner of conscience languishing in jail for committing no crime other than adherence to the constitution. It goes further to say that such a state of lawlessness is the least expected, even though it is a known fact that we are dealing with mercenary judges. This situation is a serious travesty. It explains why everyone must standup before you take a turn from Jammeh's dictatorial whims and caprices. 
 
Yero
 
 

 

There is no god but Allah (SWT) and Muhammad (SAW) is His messenger. Fear and Worship only Allah alone!いいいいいいいいいいいいいいいいいいいいいいいいいいいいい To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html 
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