Demba
You are assuming ours to be a normal constitution where the drafting process was underpinned by a proper and disinterested sensitivity to the balancing of competing demands across the public spectrum of The Gambia. Our Constitution is Professor Jammeh's document, and it was meant to favour his ambitions through and through. It does in a manner that absolutely astounds. Not that a Constitution could have effectively stood in
his way even if it is the time-tested and enduring US Constitution with its balance masterfully choreographed to the demands of public liberty.
In so far as the age requirement is an express provision of the Constitution, it is not open to challenge in the courts. There is nothing to clarify on the point. It can be changed, but that has to be done via the Constitution's prescribed amending mechanism. There is absolutely no chance of that happening as long as Professor Jammeh is in power. Numerous amendments were made to the Constitution, and without exception, all were intended
to consolidate the Professor's hold on power.
Presumably, different calculations went into other age provisions, e.g. Judges, and those are therefore not interposable as arguments to vitiate the legality of the upper age qualification for the presidency. The five year residency qualification is a more lethal weapon in the hands the Professor than the upper age provision.
As for the so-called "consultative" process, it was a scam, and there was never any serious commitment to respect its findings and recommendations. Professor Jammeh is a profound Maciavellian, an utterly dangerous man. When he is gone, the Constitution must be overhauled. For now we are stuck with it, presidential age requirements and all.
LJDarbo
From: Demba Baldeh <[log in to unmask]>
To: [log in to unmask]
Sent: Monday, 27 May 2013, 3:35
Subject: Re: [G_L] Gambia: Constitutional question on age limit in contesting elections for the Presidency????
Sorry for all the typos.. I meant to say it was not an act of parliament, and that could it be challenged in the courts?
Any inputs would be greatly appreciated...
Thanks
Demba
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