On Wednesday, 30 April 2014, Modou Nyang <[log in to unmask]> wrote:

whenever people talk about issue this idiot will find room to tell lies and attempt at distorting facts. Who prevented you and your elk from a "no vote campaign"? Cowards who were covering under their beds need not be barred from a campaign since they already excluded themselves.

The fact of the matter is that provisions of the constitution were going to be dictated by the powers that be at the time of the drafting and presentation for approval one way or the other. Suffice that a no vote carried the day during the referendum in 1996, the duty and power to draft another constitution for presentation to another referendum would have still rested in the hands of the coup makers since they controlled power.
Hence the fallacy and this seems to be what is still clouding the minds of the likes of BB Darbo even after he accepted a ministerial position from the Junta and Jawara as he narrated in his book Kairaba, that rejecting the constitution amounted to rejecting the coup makers; and therefore their supposed exit from I Marina Parade and at the quadrangle.

Just like the foolish attempt you made in trying to dishonestly interpret the residency requirement in relation to the qualification for the office of president, this time again you are simply engaged in confirmation bias cherry picking what you think will help you satisfy your disgruntled cause.

On Tuesday, April 29, 2014 8:36 PM, UDP United Kingdom <[log in to unmask]> wrote:

About the provisions above, the truth of the matter is that they form part of the supreme law of the land and therefore valid and enforceable. In fact, they have been enforced by the courts in The Gambia against certain people including BB Darboe.

Thanks
Daffeh

On Wednesday, 30 April 2014, UDP United Kingdom <[log in to unmask]> wrote:

Demba, the constitutional Review Committee was not task with sensitising people on the content of the constitution. Their task was to collect views and to draft a constitution. It was the likes of Halifa Sallah who took it upon themselves to campaign for a 'yes' vote and sold the constitution to the people on the basis of half truth and utter deceit. A 'No Campaign' was not allowed to exist hence, the other side of the deal was never told. This is not to say there is nothing positive about the 1997 Constitution but some of its provisions are so perverse and obnoxious that it's should not have been presented in a referandum with a rigorous debate and proper sensitisation on its content. None of these has taken place.

Thanks
Daffeh

On Wednesday, 30 April 2014, Demba Baldeh <[log in to unmask]> wrote:

Thanks for pointing those flaws out Daffeh.. In fact these were the provisions that were illegally and forcefully inserted into our constitution without educating the people of what was in the document they were approving.. If I recall well, the constitutional consultation committee that went around the country never discussed such provisions in being included in our constitution.. I therefore think they are as illegal as the forceful takeover of the government through arms... So quite frankly a new Gambia shall not recognize such illegal provisions to give self immunity after committing a treasonable crime... Do you really with your legal mind recognize those provisions as legitimate constitutional stipulations that must be abide by... ?

Thanks

Demba

On Tue, Apr 29, 2014 at 4:18 PM, UDP United Kingdom <[log in to unmask]> wrote:

"For the avoidance of doubt, it is declared that no action taken or to purported to be taken in the exercise of the executive, legislative or judicial power by the Armed Forces Provisional Ruling Council or a member thereof or by any person appointed by the Armed Forces Provisional Ruling Council in the name of the Armed Forces Provisional Ruling Council except judges of the Supreme Court or the Court of Appeal, shall be questioned in any proceeding whatsoever and, accordingly, it shall not be lawful for any court or tribunal to make any order or grant any remedy or relief in respect of any such act."- Schedule 2 para.13(3), 1997 Constitution

Further more;

"Any confiscation and penalties imposed by the Armed Forces Provisional Ruling Council or the chairman thereof shall not be questioned or reversed." Schedule 2 para. 14, 1997 Constitution.

It follows therefore that a judicial route to recover confiscated properties is closed to the PPP and all other persons or institutions that may be affected by this practice of the AFPRC, by virtue of the above constitutional provisions.

Thanks
Daffeh

On Tuesday, 29 April 2014, Modou Nyang <

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