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From: Sanusi Owens <
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Sent: Sun, Feb 19, 2012 1:28 pm Subject: [G_L] LETS TAKE WAA JUWARA TO MEMORY LANE PART II
As we continue to congratulation Lamin Waa Juwara on his appointment I
wonder what has changed since he last made this statement in 2001
JUWARA HITS AT JAMMEH AGAIN Posted Thursday,
February 22, 2001 by Editor] Owens
Great work Owens. Thank you.
[The propaganda secretary of the main opposition United Democratic Party, Lamin
Waa Juwara, has said that it is "unjustifiable and unfair" for
President Yahya Jammeh to blame Gambian youths for the country's increasing
unemployment rate.] Uwaa.
Whether it was unjustifiable or unfair is immaterial. The question is; Is it criminal???
[Mr Juwara was reacting to President Jammeh's independence anniversary message
in an interview with the Daily Observer yesterday. He said President Jammeh
should have blamed his government, which, he said, could not provide jobs for
the country's youth population.] Uwaa.
It is not President Jammeh's responsibility to provide employment for
the country's youth population. A sober president however is considerate
of the quality of life of the citizens of the country he/she governs.
So the non-creation of jobs or employment for the country's youth is
negligence and perhaps stupidity but it is not criminal in and of
itself. When President Jammeh commits a crime, either against his fellow
citizen or the nation, he must be prosecuted for that crime by the
country's courts system or punished by one or more aversed citizens if
the courts are malignantly unreliable. The management of a country
requires the employment of her citizens. We understand that Yahya cannot
occupy more than one position in government and therefore other
positions of governance and management must be occupied by his fellow
citizens through a reliable regime of civil service employment
guidelines.
[The UDP propaganda secretary attributed the
current unemployment rate in the country to "poor governance and lack of
judicious management of state resources." According to Juwara, Jammeh has
lost control of the organs that should create jobs for the youths. "The
public enterprises that have been created have already run down.] Uwaa.
The deterioration of public or state corporations cannot be blamed on
Yahya unless it can be established that he played an active role in
their deterioration. Poor governance and the paucity of judicious
management of state resources are not crimes. They speak more to the
quality of the governor.
[Everybody
knows that the GPTC is no longer functioning. Where are the buses?] Uwaa.
The GPTC is The Gambia Public Transport Corporation. The resources of
the nation (citizen taxpayer funds) were used in its operation. The
corporation's operation was overseen by a group of officials who MUST be
citizens of Gambia.
If the GPTC is underperforming due to sheer incompetence of its
directors, the directors must be replaced by more competent citizens.
And If Yahya was involved in either the selection or replacement of
these directors, he must be accountable to the citizens for their
termination and replacement. If the usurpation of this authority by
Yahya is counter to the Gambia constitution, Yahya must be prosecuted
for crimes against the state either by the courts or any one or more
individual citizens when the court is deemed to be unreliable by the
citizens. The unreliability of the courts itself warrants prosecution of
the responsible party by any one or more citizens including Uwaa.
If the GPTC's deterioration or demise is due to theft of operating
resources by anyone, including Yahya or the directors, they must be
prosecuted for crimes of theft by either the courts or any one or more
individual citizens when the courts are determined to be unreliable by
the majority of Gambian citizens including Uwaa.
The question then is: Was the deterioration or the demise of GPTC due to
sheer incompetence or theft of operating resources? Once that is
determined, appropriate remedy can be fashioned. If neither is the case,
Uwaa risks prosecution for libel, slander, or charlatanry.
[We know the
problem that Gamtel is facing.] Uwaa.
Not necessarily. I suppose Uwaa will enlighten his fellow citizens.
[We know all the problems of other parastatals
that were here," Juwara argued. He cited the closure of the GGC by
government as a major contributing factor to the unemployment saga.] Uwaa.
The closure of GGC in and of itself does not establish the commission of
a crime. Certainly not by intractable government. How was GGC closed
and who was responsible for its closure? That is where the commission of
crime can be established and appropriate remedy conceived either by a
reliable court or Uwaa or any other citizen in the event of an
unreliable court.
In both these cases (GPTC and GGC), Uwaa is either speaking as
propaganda secretary of an opposition party or he deserves to answer for
charges of libel, slander, and or wrongful accusation.
[Jammeh boycotted independence anniversary. Mr Juwara also accused President Jammeh of boycotting celebrations marking the
country's National Day, saying it was "improper and wrong."] Uwaa.
This cannot be an accusation. Yahya either marked or did not mark the
Gambia's Independence Anniversary. If Yahya did fail to honour this
event and lacking compelling reason, he did not commit a crime but he
committed a serious offense against the state and her citizens. The
remedy is either impeachment or forcible removal and imprisonment for
severe negligence. If, on the other hand, Yahya did mark or honour the
event in customary fashion, Uwaa must answer to charges of libel,
slander, or fib against the person of the president and dishonour to the
office of president, whether or not Uwaa was speaking for an opposition
political party.
[He said
President Jammeh was duty-bound to attend the National Day celebrations
"because it is the most important event in the history of this nation.] Uwaa.
Honouring a country's independence anniversary is important but no
president is Duty-bound to do so. Any President who is negligent enough
to not commemorate the nation's independence must be impeached or
forcibly removed from office by that nation's legislature, courts, and
or citizens, including Uwaa.
[If
The Gambia was not independent, I can assure you that Jammeh and his people
could not have staged a coup d' etat.] Uwaa.
Perhaps. Or they could still have staged a coup against the occupier or
colonial government. In either case, this is insignificant.
[He cannot down-play it. The day of
independence is the most important day in our national calendar, whether he
likes it or not, this is the reality on the ground," Juwara charged.] Uwaa.
Insignificant banter.
[July 22 takeover. Juwara said the July 22 coup was not a revolution, but a classic coup d' etat
which he described as a "treasonable offence".] Uwaa.
I agree. And to prosecute this crime, the law courts, legislature, and
or one or more citizens MUST arrest or forcibly remove the culprits of
this treasonable offense. Including Uwaa.
[He censured Jammeh and
his cohorts for toppling the democratically elected government of former
president Jawara, querying "How can he turn around and credit himself for
staging a coup and thinking that it is more important than another day in the
country?] Uwaa.
The fact that Yahya would credit himself for the treasonable offense of a
coup d'etat indicates a voluntary admission of guilt for the crime.
Therefore, at least one culprit is readily identifiable. Prosecution
must therefore begin if Yahya indeed admitted guilt. If Yahya did not
credit himself for the coup d'etat, Uwaa must answer to the citizens of
Gambia for libel, slander, and treasonable fib against a fellow citizen.
[A democratically elected government being toppled by the barrel of the
gun? They cannot even realise the mistake they have made", Juwara charged.] Uwaa.
Toppling a democratically-elected President with or without the aid of
arms is not a crime if the democratically-elected president has
committed a crime either against his/her fellow citizen or the nation.
The manner of election of a president is not as significant as the
character and culpability of the President. Democratic election of a
President is a value for the fellow citizens of the President and is
unrelated to the activities of the President once elected. However, a
President who is not democratically-elected and deemed not to be so by a
reliable court or a majority of citizens of the country MUST be removed
either by the courts, legislature, or any one or more citizens, with or
without the aid of arms.
Health sector in shambles. Mr Juwara also argued that the country's health, agricultural and educational
sectors are in shambles. He criticised the health sector for not providing
enough drugs and incubators at hospitals and dismissed President Jammeh's
statement that "significant achievements have been recorded in the health,
education and agricultural sectors."] Uwaa.
This charge is more rhetorical than substantive. Uwaa should have gone
further to elucidate how the health, agriculture, and education sector
were rendered in shambles so that the culprits, if any can be determined
and prosecuted accordingly.
[Juwara also accused the Jammeh
administration of mismanaging the country's economy which, he said, brought
hardship to citizens of the country.] Uwaa.
Mismanaging an economy can either be criminal or due merely to
incompetence, which is not criminal. Were the country's resources or
revenue stolen??? If so by whom????
[He said farmers' groundnuts were not
purchased and that some tour operators were planning to pull out from the
country.] Uwaa.
The purchasing of farmers' produce, if an act of the legislature, is the
function of the established authority for that purpose. In this case,
as in the case of GPTC, a cradle to grave determination must be made to
establish culpability. If the purchase of farmers' produce was not an
act of the legislature, no crime is committed by declining to purchase
such produce. The farmers must also be free in that case to market and
sell their produce to any desiring buyer. A sober government however
invests in the agriculture and industry of the nation it is charged to
govern. In the case of a negligent government, elections and recall are
the most effective removal mechanisms.
[Juwara said all the parastatals in the country were "dead",
and that the Jammeh administration has completely failed.] Uwaa.
I agree with Uwaa here if indeed the Gambia's government has reached
such a stage of irreversible decay. Gambians should have replaced such
government at the polls, recalled such government by elections, or
removed such government with or without the aid of arms.
[By-elections. Talking about next month's by-elections, Mr Juwara said "We are not going
to boycott the by-elections simply because we have challenged the
constitutionality of the dismissal of former IEC chairman, Bishop Tilewa
Johnson.] Uwaa.
If the dismissal of an IEC chairman is UNCONSTITUTIONAL, that is good
enough reason to boycot any elections coordinated by the removed
chairman's replacement. Not only that, the person or persons who
completed such unconstitutional act must be prosecuted by a reliable
court, legislature, or any one or more citizens who are partners to the
constitution. The legitimacy of an IEC is materially significant to an
election.
[We are dealing with the IEC and the IEC is still there.] Uwaa.
An unconstitutional IEC is not there. This statement is utterly wayward
of Uwaa. It demonstrates a paucity of acumen and sobriety.
[Of course, we
did explain the view that we do not trust Gabriel Roberts due to what
transpired in the 1996 and 1997 elections.] Uwaa.
Whether or not Uwaa and his UDP trusts Gabriel Roberts who was the
replacement of an UNCONSTITUIONALLY-removed Tilewa is insignificant and
borderline gaucherie. Gabriel Roberts himself is immaterial to the
UNCONSTITUTIONAL removal of Tilewa unless he was determined to have
played a part in the commision of that offense.
[We have made our concerns abundantly
clear that we want this thing to be corrected and to be transparent".] Uwaa.
Banter and gaucherie.
[Juwara however expressed optimism that the UDP will sweep the polls come the
by-elections on March] Uwaa.
If UDP had swept the polls of such elections, the party would have aided and abetted the completion of high crimes.
Haruna.