Wednesday, December 28, 2016

Re: USA Africa Dialogue Series - Re: Gambia: ECOWAS sTANDBY FORCE

I'm absolutely with you on that, Chief Bolaji Aluko : "NO credible internal judicial process in the Gambia currently to assure that preferred solution." Not only that - and please excuse/ forgive me - but I wouldn't put it past the international observers be they of the EU, ECOWAS or AU to help rig the election process against Jammeh or at the very least to look the other way in order to arrive at their preferred election outcome. Then we would be back to square one: Jammeh rejects the results. It happened in Togo – so I was told last night when discussing the is matter with a Ghanaian, that Eyadema had lost the election and his Electoral commissioner was so afraid to announce the results that he went to the American Embassy to ask for asylum. Eyadema then got one of his more loyal lieutenants to announce the election results – bravo, that he had own

For President Jammeh of Africa's tiniest country, the psychological pressure should be too great to bear  - Gambia and Gambia's little army is completely surrounded by Senegal and the Atlantic Ocean and at best Jammeh's army would be divided - in which case the best and the most humane way out for Gambia's beleaguered president would be a little clause/ proviso in the deal to oust him, that guarantees him and his men freedom - from prosecution ( on all kinds of charges) in my view, a small price to pay for all the lives that could be saved from a military confrontation between ECOMORG / ECOWAS forces and the soldiers in Gambia's little army that would still remain faithful to their commander-in-chief - completely surrounded and out-gunned.

At present the president elect Barrow is being protected by a private security firm from Senegal.

Maybe Barrow's only mistake was in jumping the gun by announcing that he was going to bring Jammeh to Justice – it was this that most probably caused President Jammeh to renege on his having previously accepted defeat.

The freedom from prosecution clause is of the essence - " For what shall it profit a man, if he gain the whole world, and suffer the loss of his soul?" asked Jesus of Nazareth

(By the way, as you know Senegal is at loggerheads with Israel and the result is no more Israeli foreign aid to Senegal since Senegal was one of the UN members that tabled what eventually became the historic Resolution 2334 )





On Wednesday, 28 December 2016 22:55:19 UTC+1, Bolaji Aluko wrote:


CH:

Under normal circumstances, your solution - exhaustion of ALL judicial processes within Gambia - should have been the preferred solution rather than this looming military enforcement of a democratic process.  However, as the report below shows, if true, then there is NO credible internal judicial process in the Gambia currently to assure that preferred solution.

Jammeh does not have to leave the Gambia if part of the negotiation is for the incoming administration to treat him with respect.  However, he should not be able to keep a militia to forment trouble.  If he wishes, he can choose a country to command the militia from...Sambisa Forest?

Inquiring minds want to know.



Bolaji Aluko





President Jammeh Trying To Use Nigerian Judges To Plant Himself In Office, Gambian Lawyers Warn



BY SAHARAREPORTERS, NEW YORKDEC 12, 2016

The Gambian Bar Association has warned that Ex-President Yahya Jammeh, who first accepted his loss of the presidency in this month's election only to reject the result, is attempting to use judicial officers imported from Nigeria to remain in office. 

The Gambian judiciary is led by Chief Justice Emmanuel Fagbenle, a Nigerian national.  In a statement, the Gambian Bar said they have "absolutely no confidence" in Fagbenle, citing many instances of his close investment in the Jammeh presidency, and affirming that he is at the helm of Jammeh's plan to undermine the will of the Gambian people.

"There is a total breakdown of the rule of law and the Chief Justice has been known to carry executive directives in matters of the state interest," the Gambian Bar said, adding that it wished to bring this issue to the attention of the Nigerian Government.

The lawyers noted that there has been no Session of the Supreme Court of the Gambia for almost two years, in contravention of the law.  It said that the only Judge appointed to sit on the Supreme Court is Chief Justice Fagbenle, and that whenever there is an intention to constitute a Supreme Court, he and the Attorney General would handpick qualified lawyers or judges from commonwealth countries who would visit the Gambia for a two-week duration and are appointed by the President for that purpose to dispose of cases. 

"It is clear that Jammeh did not expect to lose the election and did not deem it fit to have a sitting permanent Supreme Court. This has inured to his benefit for the last two years during which several cases have sat unheard by a Supreme Court. Case in point is the appeal by the United Democratic party against the conviction of its party leaders."

Insisting that Fagbenle is "clearly unfit" for the constitutional role of Chief Justice and will certainly take steps to attempt to extend the illegal regime of Jammeh, the group pointed out that there are also seven judges of the high court, all appointed in 2016, and all handpicked from Nigeria.

They named the judges as Justice Agboola, Justice A.N.C. Ikoro, Justice Uduma, Justice E.E. Ogar, Justice E.O. Dada, Justice Sulaiman, and Justice E.O. Otaba 

"These persons have never been judges or sat in a judicial capacity," the lawyers said.  "They were imported and appointed and have demonstrated in several high-profile judgments that they will not take any steps contrary to the will of the President. 

"It is, therefore, a vital priority for the Government of Nigeria and all Bar Associations to condemn the actions and capacity of all judges of foreign nationality currently sitting in Gambia and call for their immediate repatriation to prevent them from undermining the will of the Gambian people," they added



On Wed, Dec 28, 2016 at 9:40 PM, Cornelius Hamelberg <cornelius...@gmail.com> wrote:

Should Jammeh not leave – for where – and by which date in January?


First things first: It's always a matter of saving lives – Black lives matter!


1. Shouldn't an independent body look into Jammeh's allegations that after "a thorough investigation" it was found that the elections were kinda rigged against him? In which case, if confirmed as true, the next logical, fair and democratic step would be to call for fresh elections ( as was the case recently for example in Austria) and in the case of the Gambia, preferably monitored from start to finish by ECOWAS / AU and other observers - all this to avoid the avoidable bloodshed that would follow if the ECOWAS army led by Senegal should lay siege to or enter the Gambia to remove President Jammeh by brute

force...



On Wednesday, 28 December 2016 19:56:12 UTC+1, Toyin Falola wrote:
Should Jammeh not leave by January, ECOWAS has asked Senegal to lead an army to remove him.

Toyin Falola
Department of History
The University of Texas at Austin
104 Inner Campus Drive
Austin, TX 78712-0220
USA
512 475 7224
512 475 7222 (fax)

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