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

On Sun, May 26, 2013 at 7:29 PM, Demba Baldeh <[log in to unmask]> wrote:

In my interview with Lawyer Darboe, we discussed the constitutionality of the Presidential age limit restriction; I wanted to find how did that provision clause made it to our constitution? Was it part of the recommendations presented by the consultative committee? Was it inserted by the Junta after or before the referendum? It appears that it was an act of Parliament? How did we end up with that provision?

Could be challenged in a court of law, does it contradict other provisions in the constitution example Judges age limits, etc... Could we have our legal experts, political and or historians please help clarify this issue. It would also be great if Dr. Jallow who was part of the consultative committee explain if this issue came up during their consultations and if so what does he think was the rationale behind this rule?

In inputs and or discussions would be greatly appreciated...

Happy Memorial Day to all of you and your families...

Thanks

Demba

--
"Be the change you want to see in the World"

--
"Be the change you want to see in the World"

¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ 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] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤