(JollofNews) – The president has no authority to discontinue any court case in anyway. He has no such powers at all! The power to discontinue a criminal case lies with the Director of Public Prosecution under Section 85 of the Constitution. Hence if the president did enter to stop the trial of PIU officers on the recommendations of the Faraba Commission then his decision constitutes a violation of the Constitution.
The president can only exercise his prerogative of mercy on individuals who are convicted and serving time. But he cannot stop any court case in any way at anytime. This is a clear abuse of power and direct interference with the Judiciary.
The Minister of Justice should advise and guide the president accurately otherwise let Minister Tambadou resign than to watch the president flout the rule of law with impunity!
The Faraba Commission had a mandate and they delivered. The president had opportunity to review their recommendations and to agree or disagree and state his reasons for disagreement. But after having agreed to those recommendations and which are now being implemented in full the president cannot turn around to change those recommendations as he likes.
Barrow has set a very dangerous and irresponsible precedent! He is telling us today that if the Janneh Commission is also ready and after accepting its recommendations he will once again succumb to the demand of any group of people to reverse his decision.
He is telling us that he will do the same for the TRRC when it is done with its work and submits its report! That would be disaster for the country!
These institutions were set up with a huge amount of resources with the aim of ensuring accountability. But today Barrow has shown us that he is the biggest obstacle to accountability in The Gambia hence he is not interested in human rights and justice neither is he interested in any system change.
By this decision Barrow has distinguished himself as the biggest threat to national security and the greatest obstruction to system change!
It is high time our political party leaders stop talking about the Coalition MoU and stand up to defend the masses from a president who has no regard for the rule of law, justice and national security!
The trend Barrow is pursuing clearly shows that The Gambia cannot afford more than 3 years with Adama Barrow at the helm! By 19 January 2020 Adama Barrow must step down and hand over the mandate of the people back to citizens!
For The Gambia Our Homeland!
There is a difference between a trial and the proceedings of a commission of enquiary. There was never a TRIAL in the Faraba killings. The President has authority to accept, reject the commission’s findings or just ignore it. It is not the right thing to do, but he has the authority to do it. Any Gambian individual, group or legal entity with interest in the case, can and should bring an action against the Barrow administration in our courts, and Barrow will not have the power to STOP that action. In this case, this was an executive prerogative and it is within the President authority to do as he wishes. To those who don’t like it. Go to the polls in 3 years.
I stand corrected if there was a trial. Who filed, when and where?
Dr, to my knowledge Police officers were arrested and the justice ministry was conducting an investigation that should lead to Trial.
You may be correct about prerogatives, but in a democratic Dispensation, enquiries and Trials to ascertain what transpired and who is responsible MUST run its course. At the end of the Trial or ascertainment of blame and responsibility, the president can pardon People. That is his right but curtailing investigations which is supposed to lead to a Trial is an obstruction of justice. In a true democratic Dispensation, Barrow has committed a crime by disrupting a lawful Investigation into death of civilians.
Those killed are protected lives under the constitution and that means that the Alkalo of Faraba Mr. Kujabi or the so-called elders do not have the constitutional privilege to “forgive” on behalf of the departed souls. Morally and faith wise, they can do that but since these lives were lost in the hand of state security, the law does not know forgiveness.
If our country is a land of laws, imagine a family where one brother kills accidently or with intent his own half-sister, and the police arrest the brother. Can the father go to the police and on behalf of his daughter forgive the “brother”? NO. The police must first establish the elements of the crime and the judge must decide, considering the circumstances, to acquit or sentence the brother. Thereafter pardoning, citing moral forgiveness, could happen.
Dr Sarr, perhaps you need to re-read the piece by Jobarteh and then coma back again with a considered view.
What Barrow has done is constitutionally wrong; he has no powers to do that.
And by the way, we will remove Barrow from power as per the Coalition agreement. This guy is dangerous, reckless. Why do some Gambians love mediocre so much?
@Kemo
@Sandi
I think we are conflating two issues here, as Madi did.
On one hand, Presidential powers.
On the other hand, Obstruction of justice.
Madi made a leap to declare that the President’s actions are unconstitutional. I don’t agree with Barrow, but what he did is not unconstitutional nor was he obstructing justice. In the case of Faraba killings, the President simply set up a body to investigate what happened, we do not have the executive declaration that set up the commission of inquiry to determine the powers given to the commission. We do know that generally the giver of the power is the ultimate decider. He Barrow can do and undo in this case. As stated in my earlier post, for those of us that don’t agree with him. Our remedy is the courts or the polls.
Dr., this is not a political question but a judicial one.
My question: will the justice and Police dept. continue with their Investigations, in their capacity as law enforcers, or would the president’s withdrawal of his “separate simple Body of investigators” nullify the obligatory official Investigation – a crime this nature- by the justice and the Police?
Dr. Sarr is wading into uncharted waters here!
Adama Barrow is setting a disturbing and dangerous precedence here and as Kemo alluded to, Barrow should have allowed the investigations to run their course.
Again, such actions risk going back to the Jammeh era where judicial and other officials go looking for winks, nods and dog whistles for the apparent intent to curry favors with higher ups.
Clearly a disturbing turn of events and a trend that must not be embraced. Especially where a young nation is looking to uphold the tenets of refined, informed and just society! Clearly, the justice minister appears to be, again, asleep at the wheel!
I cannot agree more with Madi on this. Based on the records of Barrow government so far and the prevailing circumstances in the country, Barrow must not be allowed to complete 3 years. Necessary proceedings by NAs should start to remove him from power otherwise much irreversible damage will be done.
Morro
Dr Sarr, the President has no business interferring with due process, especially as serious as this. In case you do not know, what the president has done is potentially impeachable. It is because we have lousy law makers and NA members that is why we are having this conversation here.
As others have said here, including Madi, the Joker of a Presidenr is setting a terrible and very dangerous precedent – to have this come out any time, but 2 days into the TRRC is dead serious. The TRRC staff should all condemn this.
As for the AG and the Chief Justice, I am speechless. Do they need the job that bad?
Hello Gambians. The write up on Jollofnews.com that I read and responded on Tuesday, January 8th, 2019 had the Caption “President Barrow Stopped the Faraba Trial”. The legal controlling word here is “Trial”. Was it a “Trial” that President Adama Barrow “Stopped”? Or is an Inquiry or Enquiring that he “Stopped” from proceeding, allegedly after being asked or consulted by the Faraba Community and their Alkalo? Was it President Adama Barrow personally or the State that brought the charges against those arrested. Where charges filed and by whom? What were the charges? Who was the Plaintiffs
before the Court (s) following the incident at Faraba? In any event, no president should be given the power to abrogate, nullify and or terminate a legal process that has not come to a conclusion. Yes, Presidents have Pardon Power, but not absolute power over the Judiciary. The Judiciary is a Co-equal branch of the “three legged branches” of any modern Democratic Dispensation of Laws. Therefore, such acts and behavior even if the community should ask the president to intervene, should be done by the designated branch, that is, the Judiciary branch, not the Executive branch of the Presidency. It is this drip, drip strangulation of the “Separation of Powers” that ultimately becomes a flood of Despotism and Repugnant Acts of Corruption and Unconstitutional Practices. If as some have alleged, the matter was before an Inquiry or Enquiring Commission or Duly Constituted Body that President Adama Barrow Set up, then those who hold the position and view that Adama Barrow has the authority and indeed the power to abrogate, nullify and or terminate the Enquiry or Inquiry as he sees fit. I do not recommend it, but it would not be a violation of, nor an abuse of Presidential Power. Of course, all of the above are subject to the Enacted Constitutional Provisions and the Laws of the Land. In any event, President Adama Barrow should be well advised to delibrate carefully on matters as serious as this and thoughtfully consult with those who are designated to administer or manage the designated Portfolios to carry out or implement the decision as prescribed by the Constitution. If the Constitution fails to address the matter, Legal precedent should be the guide. No President is More than the Sum Total of the other two Branches, the Legislative and the Judiciary. Endeavor to make sure that the other two Branches do not suffer from the abuse of Presidential Power, nor the negligence of the same. If they do suffer, they should do so by the people, and for the Common Good.
Well, some of us would have by now read the piece on freedomnews . This is trying to repair the damage the President caused. Poor choice of words, my foot. Barrow is a quirk of democracy, we must get rid of him this year whether he likes it or not. He is a national humiliation.
I think it puts to bed the issue that Dr. Sarr mentiined. She clearly does not understand what is at hand. To say that the President started it or set it up and can stop it is akin to treating the country as one’s house. This is what Jammeh did, so he is following Jammeh’s prescription. Barrow is not the law and has no business interfering with due process.
Read the piece to find out from the AG whether a trial is in process or not.