Lamin,
I can't believe you will go down controversy lane again. First, we must
remove the pin in our rear-end before asking who stuck it in!


Malanding




On 11/20/2014 11:43 AM, Lamin Darbo wrote:
> Well Malanding, there are two vital aspects to this case and the
> Supreme Court utterly dropped the ball on the other by asserting it
> lacks authority to propound on whether there is a valid death penalty
> law in The Gambia. It has the constitutional mandate to do so, and it
> would not be "speculative" at all, notwithstanding the CJ's position.
> In Justice Raymond Sock's now discredited decision two years ago, he
> actually dealt with the issue in a disturbing manner and the record
> would have reflected the thoughts of the Court on the matter.  So the
> Court should have decided on whether there is a valid death penalty
> regime in The Gambia. I'm unsure that there is anything in the
> decision to be grateful to the CJ about.
> On another point, I certainly do not think there was an "editorial
> oversight". What I meant was that this was a short piece that did not
> pretend to embark on a detailed scrutiny of the decision.
> About overthrowing a democratically elected government, I'm sure you
> are aware that is a contested view. I never wavered from the position
> that displacing the PPP was justified.
> LJDarbo
>
>
> On Thursday, 20 November 2014, 16:02, Kejau Touray <[log in to unmask]>
> wrote:
>
>
> It is reasonable to say that generally the 1997 is a lot better than
> the 1970 constitution when it was adopted in 1997, but it has been
> muddled up gradually to suit the dictatorship and that is what makes
> it worse now. Nevertheless, Foroyaa was spot on, when it said that
> particular provision is not present in the 1970 constitution.
>
> Thanks,
>
> Kejau
>
> ------------------------------------------------------------------------
> Date: Thu, 20 Nov 2014 10:21:21 -0500
> From: [log in to unmask]
> Subject: Re: This is not about the 1970 or 1997 constitutions.
> To: [log in to unmask]
>
> Perhaps an editorial oversight but I thought this was a good
> opportunity for what grade school educators call positive
> reinforcement.  For the first time in many years the courts are trying
> to do the right thing that is follow the law. This chief justice
> should be visibly encouraged to keep up the good work. For that I
> thought the story muddied the water by even mentioning 1970 constitution.
> On a ligjter note, as the Irish winter sets in our good friend will
> have no better place to warm up than Gambia-l:) You can take that to
> the bank!
> Malanding
> On Nov 20, 2014 9:57 AM, "Lamin Darbo" <[log in to unmask]
> <mailto:[log in to unmask]>> wrote:
>
>     Malangding
>     /Foroyaa's /piece is a brief journalistic/editorial reflection on
>     the latest Tamba decision and it is accurate to wonder why this
>     matter went to the Supreme Court twice in light of the clarity of
>     the pertinent part of section 18 of the Constitution regarding who
>     can/cannot be sentenced to death. Are you not taking a
>     sledgehammer to a butterfly?
>     I thank you anyway for dragging my good friend out of hibernation.
>     Glad he is well!
>     LJDarbo
>
>
>     On Thursday, 20 November 2014, 12:51, Modou Mboge
>     <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
>
>     Nyang,
>
>     Let the Professor, the Accountant cum journalist  and former
>     'Finance Minister' of Sedia Bayo's exiled goverment and our
>     resident angry environmentalist puff hot air whilst
>     Foroyaa continues to do its excellent work for the Gambian
>     people. It is all good.
>
>     Best,
>
>     Mboge
>
>     On Thu, Nov 20, 2014 at 11:03 AM, Modou Nyang
>     <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
>         I guess that calling of "some of us" also include those like
>         me who hold that the 1997 constitution is far superior to the
>         1970 one.It is good that everyone of us have an opinion and
>         ready to express it even if they may not be backed by evidence.
>         What is irrefutable is that constitutions and other laws or
>         policies are never self implementing. That mishap or disregard
>         by those with the authority to do so can never be a yardstick
>         to measure their effectiveness or lack of it in comparison to
>         others. Relying on an simple introductory premise to comment
>         on the importance of highlighting the contradictory and
>         illegal sentencing of people to death is disingenuous.
>         Abdoukarim, i suggest you better start by editing yourself
>         first and not let others assuming the opposite of what your
>         actually write. Then, you or anyone else can bring forward the
>         relevant portions of the 1970 constitution that you say helped
>         strengthened governance in the Gambia better than the current
>         document. And then we can pick up from there. Anything less
>         than that will just be the expressions of sentimental opinions
>         just like the one on elections you are trying to pass.
>
>         Nyang
>
>
>
>         On Wednesday, November 19, 2014 10:26 AM, suntou touray
>         <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
>
>
>             Karim, I agree with your take. So long as Jammeh remains
>             at the helm of our national affairs, democracy will be a
>             shadow semblance. The constitution is only useful when it
>             serve Jammeh's purpose, sometimes the air of something
>             proper do occur, but it is all a grand myriad. An illusion
>             to put us off a bit.
>             Thanks
>             SUntou
>             On Wed, Nov 19, 2014 at 2:29 PM, abdoukarim sanneh
>             <[log in to unmask]
>             <mailto:[log in to unmask]>> wrote:
>
>                 Suntou
>                 The 1970 constitution have strength our democratic
>                 culture. It has its deficit among which includes term
>                 limits lack of independent electoral commission and
>                 others.  But remember election use to be free and
>                 fair. Let Foroyaa stop the nonsense. The 1997
>                 constitution just give yaya Jammeh absolute power and
>                 narrow the space for democratic participation.  With
>                 the ban on political parties they spearhead the
>                 advocacy for its endorsement and even serve as a
>                 shadow consultancy in its crafting. Its separate the
>                 cabinet from the legislative and giving Yaya Jammeh
>                 the power to appoint members judges electoral
>                 commissioners. Suntou 20 years down the line how many
>                 ministers are appointed?  The 1970 constitution have
>                 given us rule of law and good governance.
>
>                 ------------------------------------------------------------------------
>                 Date: Wed, 19 Nov 2014 11:47:09 +0000
>                 From: [log in to unmask] <mailto:[log in to unmask]>
>                 Subject: Re: This is not about the 1970 or 1997
>                 constitutions.
>                 To: [log in to unmask]
>                 <mailto:[log in to unmask]>
>
>
>                 Dr Jaiteh, I agree, this is not about which document
>                 is good/bad or superior to the other. Both documents
>                 haven't solve the core obstacle to our democracy,
>                 gaping term limits. And the death penalty should be
>                 totally eliminated, not needed. I guess the finger
>                 prints on the new constitution, in the person of
>                 foroyaa editorial consultant, Halifa will always make
>                 the 1997 constitution a pet project. Thanks
>                 Suntou
>                 On Tue, Nov 18, 2014 at 4:01 PM, Malanding Jaiteh
>                 <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
>                     Some of us are of the opinion that the 1970
>                     Constitution was not suspended because of its
>                     flaws but  to legitimize an illegal usurp of power
>                     by the military. And despite its many flaws
>                     including the lack of the said subsection 2 only
>                     one (1) person was executed under the 1970
>                     constitution.
>
>                     Even without going into the merits of the August 9
>                     execution and the trial, conviction and treatment
>                     of Lang Tombong and Co., do we really believe that
>                     commuting their death sentence to life is the
>                     result of the existence of subsection 2 in the
>                     1997 constitution? And that they may have had no
>                     reprieve had the 1970 constitution being around?
>
>                     Rather than focusing on the difference between
>                     1997 and 1970 constitutions, I believe the writer
>                     should commend Justice Nawaz Chowhan and team for
>                     doing the right thing by confirming whats explicit
>                     in the constitution and go further to demand that
>                     their conviction  be thrown out in its entirety as
>                     evidence suggest it to be politically motivated.
>
>                     Malanding
>
>                     Courtesy: http://www.foroyaa.gm/archives/2420
>
>
>                       A LAND MARK DECISON OF THE SUPREME COURT NOBODY
>                       WILL BE SENTENCED TO DEATH WHO HAS NOT TAKEN THE
>                       LIFE OF ANOTHER
>
>                     Editor
>                     <http://www.foroyaa.gm/archives/author/editor>November
>                     17, 2014 <http://www.foroyaa.gm/archives/2420>
>                     When the High Court sentenced Lang Tombong Tamba,
>                     Omar Bun Mbye, Bo Badjie, Kawsu Camara (alias
>                     bombardier), Modou Gaye, Gibril Ngorr Secka and
>                     Abdoulie Joof to death, Foroyaa did not hesitate
>                     to point out that the onlyreason why the provision
>                     on the protection to the right to life in the
>                     1997 Constitution was superior to that of the 1970
>                     Constitution is Subsection 2 of Section 18 of the
>                     Constitution.
>                     Subsection 2 reads: “/As from the coming into
>                     force of this constitution , no court in the
>                     Gambia shall be competent to impose a sentence of
>                     death for any offence unless the offence is
>                     prescribed by law and the offence involves
>                     violence, or the administration of any toxic
>                     substance, resulting in the death of another person/.”
>                     Simply put, a court is barred from imposing a
>                     death sentence on anyone who has not killed another.
>                     This means that all the death sentences for
>                     treason under the criminal code should be amended
>                     to conform with the provisions of the Constitution
>                     or should be disregarded as null and void by
>                     courts when no evidence of killing is given during
>                     a trial.
>                     We were surprised how this unambiguous provision
>                     could be subjected to misinterpretation by any
>                     legal mind and the Supreme Court has served the
>                     cause of justice by giving the provision its
>                     proper interpretation.
>                     Pardon should follow to end the nightmare of
>                     spending years on death row and not knowing when
>                     the end would come.
>
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