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 >>> 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] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤