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. > > いいいいいいいいいいいいいい いいいいいいいいいい > いいいい い 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] > <mailto:[log in to unmask]> いい > いいいいいいいいいいいい いいいいいいいいいいいい > いい い > > > > > -- > www.suntoumana.blogspot.com > <http://www.suntoumana.blogspot.com/> > ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ > 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, 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