Section 22 is forward looking while Schedule 2 is specifically
concern about the actions taken by or under the AFPRC Junta, which preceded
the 1997 Constitution. Thus, there is no conflict between the two. Like I
said, there is enough case law on this already.

Thanks
Daffeh


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

> Section 22 is forward looking while Schedule 2 is specifically concern
> specifically about the actions taken by or under the AFPRC Junta, which
> preceded the 1997 Constitution. Thus, there is no conflict between the two.
> Like I said, there is enough case law on this already.
>
> Thanks
> Daffeh
>
> On Wednesday, 30 April 2014, UDP United Kingdom <[log in to unmask]<javascript:_e(%7B%7D,'cvml',[log in to unmask]);>>
> wrote:
>
>> Lamin, there is no point in them doing so. There is an overwhelming case
>> law in this area and their chances of success is utter. It would not make
>> any economic or political sense for them to do what you are asking them to
>> do. It will not only open them to judicial ridicule-the case will be deemed
>> frivolous and rightly dismissed most likely with cost-, it will amount to
>> utter waste of time and money as well.
>>
>> I think your views about the PPP is bit over the top particular when you
>> said you welcome their ousting through a military coup. Anyway, I have a
>> party to support and defend, and it's called the United Democratic Party.
>>
>> Thanks
>> Daffeh
>>
>> On Wednesday, 30 April 2014, Lamin Darbo <[log in to unmask]>
>> wrote:
>>
>>>  But this is the precise argument Daffeh. If BB asserted his property
>>> rights, the PPP could have done the same thing. It matters not whether the
>>> outcome was a foregone conclusion.
>>>
>>> In part at least, Schedule 2 conflicts with Chapter IV, more
>>> specifically Section 22 of the Constitution on "Protection from
>>> deprivation of property". There was clearly an argument to be made in
>>> the event the PPP asserted its property rights as there was absolutely no
>>> attempt to even casually connect Section 22 to Schedule 2's draconian
>>> provisions.
>>>
>>> Although Schedule 2 entrenched itself, it was not entrenched by the
>>> critical Section 226 of the Constitution that precluded any amendment to
>>> Section 22 except via a National Assembly/referendum process.
>>> Notwithstanding the purported ouster of jurisdiction, the Supreme Court can
>>> indeed attempt to reconcile these apparently irreconcilable aspects of the
>>> Constitution. This avenue could be triggered by the PPP asserting its
>>> property rights over confiscated party offices in Banjul and Brikama. It is
>>> not an argument to say this would have been a futile route as we know that
>>> one party always loses in judicial disputes. Even if the action was struck
>>> out on a motion for summary judgement pursuant to Schedule 2, the proper
>>> thing to do for a party in government for upwards of three decades is to be
>>> creative in its public arguments after it was booted out.
>>>
>>> Whilst we are on Schedule 2, what do you think about the indemnity
>>> clause inserted in the Schedule?
>>>
>>>
>>>
>>>
>>> LJDarbo
>>>    On Wednesday, 30 April 2014, 1:36, 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 Revie
>>>
>>> ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To
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>>>
>>


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