(JollofNews) – “He can’t leave. If he leaves, he is going to escape us. He would be prosecuted and taken to a National Commission for Asset Recovery in order to reclaim what had been stolen through corruption during his tenure.” With those words our nation was thrown into a political crisis of unimaginable consequences.
That announcement was made by Mrs. Fatoumata Jallow-Tambajang in an interview with a British newspaper, the Guardian days after the December 2016 Presidential election. Those remarks created fear in Yaya Jammeh, and made him to reject the once accepted results causing confusing in the country.
Thousands fled across the country into neighboring Senegal. The anxiety, anger and fear that followed her unwitting remarks, held the whole nation in suspense and threw the country into a constitutional crisis which led to the intervention of the ECOMIG forces and the subsequent departure in exile of former President Jammeh.
In less than three months, Mrs. Tambajang is again embroiling herself in another controversial scandal that is about to throw the country into in another constitutional crisis. This time it is about her appointment as Vice President (VP) which was made on 23 February 2017 just four days after Mr. Adama Barrow was inaugurated on 19 January 2017 in Dakar, Senegal. Despite repeated calls on Barrow to appoint a VP without delay, Tambajang continued occupation of the VP even as an overseer, is unconstitutional. The Cambridge Dictionary describes Overseer in British English as “supervise (a person or their work), especially in an official capacity.” Who is she supervising right now?
At 68, Mrs. Tambajang Is Overaged
Constitutionally, she is ineligible to take on the role of VP because section 62(1) (b) of the Constitution of the Gambia states that the Vice-President must meet the same age requirement as the President which should not be above the maximum age of 65 at the time of entering the office.
Mrs. Tambajang was reported to have been born on 22 October 1949 making her to be 68 at the time of her selection, three years older than the maximum age of 65. Although, she disputed the reported age – saying she was only 64 years but her official Tax Identification Number (TIN) Certificate shown below prove her wrong.
The right procedure not followed to change the upper age limit
On 28 February 2017, the National Assembly tried to approve a change to the constitution to eliminate the age limit. However, Mr. Halifa Sallah, the former spokesman for the transitional Government and a Member of Parliament, highlighted the illegality of going ahead with the amendment and said that the proper procedure had not been followed for amending the constitution, and that the action needed to be revisited and such a change would take an additional several months to properly accomplish (according to section 226 of the constitution).
According to Mr. Sallah, “when you are to introduce a bill to amend the constitution prior to doing so; you must publish it in the gazette for three months for the first reading. And then publish it again nothing less than ten days; the second publication before introducing it in the national assembly.” As a result of Halifa’s intervention, that bill have now been published in the Gazette and will be returned to the national assembly for remedial actions as soon as the required time limit have been met.
President Barrow’s government is doing everything to amend the Constitution in order to revise the upper age limit which in turn will make it possible to appoint a Vice President. Amended the age limit will also make it possible for Lawyer Darboe to become president whenever Barrow decided to step down. The urgency to have the bill pass in the next sitting of Parliament when there are other equally more pressing constitutional amendments awaiting publication in the Gazette ( such as restricting the presidential term to two terms, repealing the dual citizenship restriction and the eliminating bad media bills ), is raising many eyebrows and has engendered a climate of distrust for President Barrow , whose popularity has taken a hit and he is now being viewed as elevating partisan interest above the country’s constitution.
A rebel in authority
Mrs Tambajang should do us a favour and know that when Gambians went to the polls, her name was never on the ballot boxes. We voted for Barrow with a little over 19, 000 margin of victory, which is not a commanding difference in an election in which some over 400, 000 Gambians voted. Approximately, 200, 000 people voted for Yaya Jammeh and 17, 000 for Mama Kandeh. Will their voices be heard in determining the choice of VP? With only 4% lead in the polls, there is no guarantee of widespread legitimacy of Barrow’s administration to start flagrantly abusing the constitution of the country that has suffered for 22 years of a brutal regime of Yaya Jammeh who had no regard for the highest law book of the land.
The rule of law is the bedrock of the constitution, there is widespread belief that, if President Barrow is not that much experienced, people expect Mrs. Fatoumata Tambajang and the team of competent ministers with legal background to guide him to avoid making blunders when it comes to safeguarding the constitution or changing the name of public institutions by a Presidential Directives contrary to the constitution of the Gambia. Lest we forget, former President Jammeh was declared a rebel for refusing to honor the dictates of the Constitution ad hand over power to President-elect Barrow. In the same vein, Madam Tambajang could become a rebel in authority if she continues to hold on to the Vice Presidency in contravention of the Constitution.
Amending Entrenched Clauses in the Constitution should be through a referendum
She has caused enough troubles to Gambians, the people should now be given the chance to decide on the age limit and other constitutional amendments to bring genuine democracy and effective delivery of the rule of law in the country. It is only through a referendum that the voices of those in the other side of the political divide could be heard. If madam Tambajang cared so much about human rights and the rule of law, the things that motivated her to join the UDP during the Fass stand-off in 2015, then she has to let go the VP position and allow President Barrow to fulfill his mandate with the people. Otherwise, her defiant attitude will be met with the tenacity of frustrated individuals who are ready to take to the streets to make sure the right thing is done.
Enough of the impasses
She cannot be bigger than other members of the coalition who are faithfully carrying out their ministerial roles. One individual cannot hold 2 million people in ransom. We have had enough impasses since Barrow won the election, it is now time to deliver the goods. Since Barrow came to power, we have had election results impasse, Supreme Court impasse, place of inauguration impasse, State of Emergency impasse, tribalism in the public service impasse, Constitutional impasse and now VP age limit impasse. Barrow’s transitional government is definitely a work-in-progress that is not progressing.
Mrs. Tambajang is constitutionally overaged and must give way for the President to immediately appoint a VP in line with section 62 (1) (b). A country where illegal things are being made legal and legal things made illegal, there will be no guarantees of peace and justice in the long run.
In pursuit of the truth and for a better Gambia.
Blessed Ramadan!
By MBO Gaye
I am really disappointed with her arrogance and the way she is trying to force herself into power. She must respect the constitution.
I like this woman; She is brave and is not afraid. It is unfortunate her words were not supported by the rest of Gambia; Now the bird has flown with all your money.
I think Barrow admitted his Constitutional error.
So what’s fresh ?
MBO GAYE you get it all wrong. Tambajang is a star, A fighter she engaged the Dictator with her knowledge and respect. Tambajang got it all right from the start, what is happening now, is YAYA not a wanted criminal in The Gambia for what has revealed by the J M Tambidou. The hole Gambia nation we must be saying HARD WE KNOW, Kalifa Sallah should not have given Yaya RED carpet to leave Gambia, because Mai Fatty said it in Dakar you remember. So my friend MBO Gaye , i know not everyone will like Tambajang even she did whatever. I am sure 80 Percent suport Barrow s decission with regards to VP Tambajang. So please relax.
Idrissa, here is my comment on Facebook about MBO’s BS:
This is an even bigger BS from MBO than the last piece he wrote on Muhammed Jah! This is Elephantine BS! VP Tambajang’s heroic statement to the Guardian was what made Gambia Jammeh Free today – because HER STATEMENT LED DIRECTLY TO THE ECOWAS FORCE that drove Jammeh out. If not for that statement to the Guardian, Jammeh would be sitting in Kanilai today – with his arms and soldiers – and threatening every move of the new Government. So like I say, this is this is Elephantine BS from MBO! Motive? Possibly his party lost in the NAM elections to UDP!
It is not worth spending time responding further!
As an African who lived in the Gambia, like many Africans, I want see a democratic Gambia based on tolerance ,respect the rule of law and fulfil the promise for real change. In this regard, VP to be called on question mark as ” is A Rebel in Authority” is an alarming even for investors and international community, the VP must respect the existing rule
I am sick to my stomach with the level of discrimination that is currently going through the Gambia – Age, Sex, tribe, body image, religion, skin colour – all in avoidance of the real issue, which is ignorance!
Scared>>>Your amazingly honest.
For 22 years the bird have been exploiting the gullibility of Gambians. This is why people are fearful of anything that resembles the abuse of power and the constitution. Any God fearing person would avoid doing illegal things while in public office.
FJT is a leader among MEN, she is frank, she is hard working and she loves her country. She is capable and qualified for the job of VP. If being straightforward makes her a rebel so be it.
God Bless The Gambia
Jammeh killed many Gambians but you never take the streets,now that this government is respecting the rights of its citizenry you want to push.If you take the streets there are other Gambians will sit and watch you,and those shouting take the streets are the minority.This government is working,and Gambia are celebrating the return of the rule of law after twenty two years.Go to the streets you will find people waiting and they sweared they will defend this country jealously,because this Farato nonsense has even made this youth to be more vigilant in their quest to not tolerate sabotage any more.All this nonsense critism is coming from the diaspora online freedom and friends,plus some loose politicians on the ground,but let me put to you that you cannot stop Jah Fire burn.There is no perfect government,eg look what Donald thrump your pushy grabber president who has no moral did,he appointed his daughter,and son in law,he appointed his close friend to run White House .Compare to Gambia a country that’s was rule by a tyrants for twenty years and think they will deliver within six month.Insincerity and hypocrisy in its best but Allah heard the cry of the Gambian people and he bless us with Adama Barrows government. Barrows government is very inclusive,and there is only three ministers who are more than sixty five years but still you haters,you dissembled Gambians in the diaspora said they are old Barrow should appoint young Gambians.What do you guys want?Who do you guys think you can manipulate?Come on go home get a job because those old men and women fought our battle for us with their blood,sweat and tears,please respect them otherwise is not fair.Go home and work or criticize constructively.These people are no killers.Welcome to baby democratic government of The Gambia ,let’s give it chance to grow folks.Fatoumata J Tambajang is qualify to be our Vice President until when Barrow decide.Peace be upon us all.
MBO Gaye who are you working for? Can you please come out frankly and tell Gambians and the world exactly what your problem is with Mrs Fatoumata Tambajang. Why are you writing about this simple, down-to-earth, hardworking lady as if she is choking the air out of your breath? The Gambia is not on fire and there is no emergency except so much work that is going on in the government presently to change things for better in the Gambia. Please stop giving the impression to the world that you don’t have food on your table just because Mrs Fatoumata Tambajang is the Overseeing Vice President in the Gambia.
Please understand like all well-meaning Gambians, this overseeing position is only a matter of time, governments anywhere go through their peculiar stages and problems. This like all all our other pressing issues that in-fact the creation of the previous government will come to pass. It will be resolved in the best interest of the country, in the nearest possible time. Please don’t try to give us the idea that you love the Gambia more than President Barrow or that you know how to run a government more than him.
I don’t know you as a person but I am sure that you have never been a head of state anywhere. Put yourself in Mrs Tambajang and President Barrow’s positions for a minute. Do you think they are enjoying this? Don’t you think that under our laws the President should enjoy the privilege of choosing the one who serves him as Vice President? Which constitution were you relying on when you called for a referendum to choose the Vice President? Please take a break and find something more positive with your time instead of sleepless nights, just because you dislike someone like the plague, who is occupying a position that you wished for someone else.
For now, Mrs Tambajang is the pick of the president, fortunately for her and unfortunately for you, you are not the president and you, and no one else except her is the pick for the job. And as we can see, the Gambia is getting better for it every day, Fatoumata is working hard and winning praises every day from more positive thinking people, different from the likes of you, who are bent on blowing dust on her ell polished image as a heroine and a leader of exemplary qualities in modern Gambia.
As a Gambian your right is guaranteed to involve in debate but please engage in constructive discussion and give this president and his government the space to take the country where we all want to go. Can you please allow yourself some peace of mind and appreciate Mrs Tambajang for the sacrifice of her life for Gambia when no one knew where you and I were hiding, when she was out in the streets leading the struggle against dictatorship and tyranny in our country.
You have listed all so called impasses that marked the cornerstones of Gambia’s recent political history, but clearly you have a fix on Mrs Tambajang that begs a special question. Can you please tell us really, what your problem is with this woman?
I do disagree with respected Dr Isatou Sarr for whom I have great respect and see he/her as an African intellectual asset who should vigilant for real change to take new root in Africa – democracy and rule of law in a way of transparency . The accusation around FJT IS NOT for being straightforwardness as Dr Isatou tried to cover up the fundamental point – trust and
respect the power of the people. If FJT really determined for real change and wishes for the New African vision , she is the one who must come up as an examplar to become the mother of change for Africa rather than to be the same made in Africa – greedy politicians in a sense Let after my death the grass never
grow – a trouble laughing stocks for Africans. Here, Dr Isatou failed miserably in protecting the abuser of the law of the land-Constitution!.
We have to follow the constitution. I don’t know if Dr Sarr is within the age limit. I will nominate her for VP
I’m in line with Dr. Sarr here. FJT maybe an uncomfortable person to transact with and rightly so. What we must not forget is that despite her supposedly unjolly demeanour, her energetic coordinating skills, to a great lot brought about the party agreement to form a coalition. One of it kind in Gambia’s history.
What she said in December is what is happening now. I defended her at the time, knowing fully well that there are no ways around it.
The question of vice-presidency vacancy remains a touchy topic and I do agree that it could have been handled differently. But since we have a speaker as the 2nd to the throne if something should happen to the president, I believe that we can wait for the imminent amendments that will pave the way for FJT to assume the vice presidency.
To briefly stray in, it is questionable whether the constitutional age stipulation is even constitutional taking into consideration the discriminatory nature of that law. Another clause Antidiscrimination, forbids laws that discriminate based on age, gender, tribal, outerly appearance etc. Hence in a country of laws, a court order or the mere presence of the Anti-discrimination clause, would have longtime ago annulled the age-limit in our constitution. I believe even today that FJT’S appointment would stand in light of that Anti-discrimination law in the constitution, until a duly constituted supreme Court finds otherwise. Until they come to the conclusion, that the age-limit overrides the Antidiscriminatory clause in the same constitution or just for this particular job (s). That would be a landmark decision. Sadly we never got there because President Barrow seemed to be driven by good faith.
But we know: many laws in the constitution and the amendments thereafter were conceived to suit one man- Babil I Mansa!
Correct me if I’m wrong, but I think the author is talking about the amendments to the constitution.
Yes indeed. It’s about the amendments. It’s likewise significant to juxtapose the contradiction of the age-limit clause against the Anti-discrimination clause in the same constitution, based on which the author took his right to coin FJT as violator of the constitution or – in the authors eyes- as the architect of it’s unholy imminent amendments.
This is so irritating, New Gambia! Where were the author of this miserable write up and those he is working for when this brave woman openly went against the Jammeh dictatorship on several occasions without fear. What pomposity is doing to some of us is amazing, these MBO Gayes will never stop. They are those constitutional gurus who only invoke clauses that favor their selfish interests. When the going was tough it was none other than FJT who manifested bravery, selflessness and leadership qualities that finally led to the demise of Jammeh and as a result let loose the MBO Gayes to do what they are now doing; Killing the hen that lays the golden eggs. Mind you we will not bastardize the process of change because those who where nowhere when FJT and our heroes where in the trenches were busy learning the constitution. Quoting the constitution for 20 years never earned us freedom.
When UDP, under the leadership of Lawyer Darboe, started to defy the constitution and resisted constitutional injustice without having to wait for a referendum or the national assembly to the make amendments, we saw light at end of the tunnel. When The late Solo Sandeng, may his soul rest in perfect peace, Fatoumata, Nogoi (these WOMEN!),etc defy your so called constitution and took to the streets to demand for justice, where were you, MBO Gaye and you constitutional heavyweights? At that point the we saw light inside the tunnel. When Lawyer Darboe led the senior management of UDP to demand the release of the late Solo and his co-demonstrators, in defiance of your so called consttitution did you or your constitutional gurus join in. That brought more light in the tunnel. When FJT led UDP supporters and calamari revolutionaries into the streets of Banjul and court houses to support and show solidarity with those who defy your almighty constitution and stood up to Yaya Jammeh were your eyes and ears closed. When FJT openly denounce Yaya Jammeh and call on Gambians on many many instances to fight the Jammeh tyrany were you not listening then. MBO Gaye please cut out the selective amnesia and be truthful to yourself and your fellow countrymen. FJT was never selfish at any time in her fight to take Gambia back from Jammeh and APRC, rather she put herself in several dangerous situations for you and many Gambians to be part of the system of governance, that was denied to a majority over 20 years. We are today very proud of her. She is unique in the history of our Country for now. Whether you like her or not, whether you like it or not, she did what great men and women of the world have done and will continue to do.
By the way, according to your almighty constitution, what is the time limit for the appointment of the Vice President of the Republic of The Gambia? I think your master forgot to quote that section for your writeup. Or is the almighty constitution silent on that?
FJT was never cited for bridge of the almighty constitution as she has no authority to appoint the VP. Your attacks on her person is misplaced and has elements of grudge, and that is unfortunate for you.
Live in your pain MBO Gaye, Barrow will wait for the right moment then appoint FJT, I like this abbreviation, ‘FJT’, VP. Thank yiu Dr Sarr fir tgat.
Sorry for your miserable piece it will not fly, it will not walk MBO Gaye.
I find MBO Gaye’s article brolliant. Everybody contributed something in the struggle to get rid of the dictator. What is happening right now is reminiscent of the way Gambians sat down and watched one man controlled everything; the executive, the legislature and the judiciary before turning himself into the world’s most brutal dictator. Right now, we have a president who is UDP, a VP designate who is UDP, a Speaker who is UDP, all 13 ministers are either UDP members or sympathisers, heads of importal PEs are UDP not to mention the Secreyary General and Permanent Secretaries . A 4% victory margin at the polls is not enough mandate to make this country a one-party rule the rest. This is our concerns. Also, there are competent Gambians who are below the age requirement who can step in as VP without having to entice MPs with promises to get them new cars in order to change the age limit in the constitution. We have passed that style of leadership. Changing the age limit is not our priority.
Gambians talk the talk but don’t walk the walk>>>Donate to the dialysis programme at Edward Small Hospital>>>Save Gambian lives for God’s sake>>
Forget Jammeh>>>Make a difference or shut up.
Gaye’s premise is that FJT with her post election utterances threw our country into a political crisis with dare consequences. Mr Gaye the reason for the crisis post election is well known. Yahya Jammeh is solely responsible for all the crisis in Gambia pre and post election. We cannot even apportion blame for the economic and human tragedies abound in our beautiful country, it will be a waste of time, all Gambians know who is responsible. Our leaders have a huge task and awesome responsibility to right this ship, we need all hands on deck with positive ideas and discuss. Sure we will disagree as it should be, we are significantly emotionally invested, but let’s not muddle the waters with minutia. We must build Gambia for our children. Let’s keep our eyes on the prize.
God Bless The Gambia
Mr Scales, some of us have been walking and talking to make Gambia better. I have been raising money to support schools in that country for the past three years. But it’s my business to talk when I see that politicians are not doing the right thing. That is my right.
I have been reminded that the heads of the security services are also UDP. As I said before, we created Yaya Jammeh. If not careful we are going to create another dictator as soon as the age limit is passed in Parliament. This will not only benedit FJT, but Lawyer Darbo who have been doing everything in the past 20 years to become President. So Gambians you are warned of the making of a civilian dictator.
The age-limit in the constitution is unconstitutional because it collides with another profound principle: equality of all citizens before the law and to stand for electoral as well as equal chance to employment. In nutshell the Anti-discrimination clause! Therefore to prevent Darboe, as you seemingly wish to, must be achieved through democratic means rather than via an unchallenged contradictory constitutional clause(s).
FAFA: I am proud of you: God will repay you.
Thanks Mike , but government should be able to provide health services and quality education to the people. That is why they are elected.
FAFA; I beg to differ>>>People who pay taxes allow government to form policies from which the taxpayer expects results.
If the tax revenue only pays your debt repayments and does not generate surplus income for government projects like health and education>>> we and I mean WE should step in to save lives or give a child a good start. Until such time as the economy is stronger and taxation can be increased by enterprise.
I have come to the changed view that we must support the Gambian Government.
We really do not have a choice.
But in the meantime>> I admire your social conscience.