(JollofNews) – Numerous articles emerged since the appointment of Fatoumata Tanbajang as Vice president and I observe majority of them missed a key ingredient of a constitution, that is natural justice and fairness and non-discriminatory function.
Some exposition are at best dishonest and other seem to bother on spite not only for sobriety and fitness of the candidate for the purpose but the huge human capital she could bring on deck to aid the success of the coalition. Others even challenge the resourcefulness of a coalition all together, however these instigations were not unexpected.
The defeated APRC party will try a lot of tricks, insinuations and some charlatan derisions to disparage the coalition. They will seek to throw aspersion on the effort of the coalition to present a coherent and progressive government.
As the mandinka saying goes “a dethroned alkalo never love the success of the village”
Folks, if Mr Tabanjang is disqualified to take up the position of vice president because of her age then the present Gambian constitution is not only incongruous with international human right laws and regulations but it is inherently unconstitutional.
Before I dilate on the above insinuation, let me fervently state that the constitutional section most people quote refers to the age of president of the state not the vice president.
Even though it was apparent that the 1997 constitution which was JUNTA constitution, was subtly yet advertently knitted to disqualify Laywer Darboe.
No doubt it was also discriminatory and disharmonious with international human rights regulations.
The constitution should not discriminate people on the basis of age, tribe, language, gender etc. If it does, then that section should be challenged in court.
I cannot find any constitution in the world where there is an age ceiling. Such a constitution will be reactionary and retrogressive because it will fail to tap a great resource of people with so much experience and wisdom who have actually accomplish so much in life and are only looking for self- actualisation-leaving a legacy.
I for one is satisfied there is no constitutional infringement in her appointment and if need be this discriminatory constitution must be put in the dock as it does not serve a democratic purpose which we all yearned for in the last 22 years.
A constitutional should not be designed to serve an individual’s political whims but in must be guiding framework to support justice for all, a reference point for a our democratic institutions, foster an equal opportunity for all irrespective of age, tribe and gender to participate in our democratic process.
Since any law that discriminate on the basis of age, gender, tribe will unconstitutional, then it is logical that any constitution that diminish the democratic participation of citizenry based on age is itself unconstitutional and disharmonious.
Absolutely, Lamin Darboe. I say that too in the Halifa Sallah piece below. Barrow should not change his mind about the appointment. God Bless.
The question is the current constitution is valid or not? If it is not why some were talking about complying with the constitution in the last weeks? We can not take advantage of the points that favor us and jump to those who aren’t ? If we really are serious and transparent we would accept it as the constitution of Gambia until there is another dictated by the national assembly, I believe that there is respect for a constitution it can not be like a house of whores where you enter and leave when you want ?? Accept it for now and change it when there is time to dictate another , beware that there are three groups the opposition can knock it down because they are mostly @Aprc + Gdc are more than the coalition ?? Nobody talks about Mamma kande who has more than 15% of votes and has own voice is also Ex Aprc so you can’t do everything you want to the situation calling dialogue and teamwork never one party system,,,sorry it’s my opinion
THE NURTURING AND SUSTAINING CONSTITUTION INSPITE OF THE ARBITRARY AND CAPRICIOUSNESS OF MAN/WOMAN:
Incredible, and I thought that during the Electoral Impass, all the Self-appointed Advocates/ Lawyers used the Gambia’s 1997 Constitution to argue that Yaya Jammeh has no Constitutional ground or Pathway to: (1) Anull the Election results as announced by the IEC Chief, (2) Declare a State of Emergency, (3) Extend his Mandate for there’s more months from the date his Mandate under the 1997 Constitution that was Passed through a Referendum and Codified in the Laws of The Gambia. Justifiable as the above arguments were then based and derived from the same Constitution, they are as applicable and alive today as they were then. The 1997 Constitution is what both the Senegalese, ECOWAS, AU, and the UN, even the EU Upheld and Cited as a significant basis for their Condemnation and Passing of the Relevant Resolutions and Articles for the Intervention to remove former President Yaya Jammeh from office if he fails to abide by the 1997 Constitution. This is the most quoted Document in Africa, if not the World since December 1, 2017. Now, “the “Fair weather”, Today is a Valid and Useful Constitution because it Serves my purpose, tomorrow it should be relegated to the rubbish bin because it is not in my favour Constitutionalist need a Reality Check. Listen, out there in the ECHO CHAMBERS OF UNILATERALIST, the Constitution is not a Toy to play with nor is it a Document of Convenience that you can Change at WILL and COMMAND WHEN you do not like a Certain Provision (s) that Blocks your Desires or Wants. Infact, that is one of the Significant reason why a Constitution is Needed for the Modern Nation State. It stands Against Arbitrary and Capricious attempts by Men and Women who would WANT to Ursurp the limits of Power and Authority Enshrined in the Provisions in a Constitution by those Entrusted to lead. No Valid Constitution has a Provision empowering and enabling a President, Prime Minister or Chancellor the Right to Set Aside or Anull a Section, Part or Whole of a Constitution “because it is not Falling Neatly and Conveniently into Place for you”. The sister, FJT may be Qualified, that is not the issue, nor relevant. What is relevant and cannot be Impeached is the fact that the expressed Provisions in the Still Valid and Existing Gambian Constitution of 1997, does not Sanction nor does it “Permit anyone who is above age 65 to be President or Vice President”. ,It is elementary and Attorney Mai Fatty should have known that any Attempt to aborogate and or nullify SAID Provision (s) for any reason given, would not meet the “Spoiled fruit” test and thus would be Unconstitutional as it was for Former President Yaya Jammeh attempts to nullify the Election, Declare a State of Emergency, or Extend his Mandate. We are all tethered to the same Constitutional Provisions under the 1997 Constitution as was Demanded of former President Yaya Jammeh. We can’t afford to pick and choose when to be a Supporter of a Constitution or better yet a Constitutionalist. Any ideas or Unileral action taken in Dakar, Senegal would be Unconstitutional. It would not be in conformity and in accordance with the Constitutional Provisions, nor the expressed need of the Majority of the GAMBIANS who want a complete and total Move, Walk, Run or Sprint Away from Authoritarianism, Impunity, and Unileralism of any kind without Due Process. If you want to have Mrs. Jallow Tambajang as Vice President, please return home to the Gambia ASAP. Take Ownership of the position of President that was bestowed upon you by the GAMBIAN people, instead of “Staying Put” and “Akimbo” in Senegal with an Unelected or Duely appointed Clique and with all due respect, playing President in Senegal is beginning to take a Negative Sentiment toward you and the Coalition. Last time I checked, Macky Sall is the President of Senegal and I dare say he is reportedly doing well running the Affairs of State in Senegal. He does not need any of your Clique in Senegal to help him govern. Mr. President the Gambian people elected you President of the Gambia, not Co-president of Senegal. Your presence in the Gambia is needed, and your Continued “Abscondance and Vacationing in Senegal” may soon trigger a Constitutional Crisis that would further set the Gambia and the GAMBIAN people back Instead of forward. By the way, Halifa Sallah is the Coalition Alliance Government’s Spokesman and as such he should be the go to official for the Coalition Alliance Government with Matters of State that needs to be communicated to the Gambians. The declared “personal “adviser” is not a Spokesman and Should not be a Speaking for the Coalition and Matters of State. He may Speak for you but only limited Personal matters. All this would be simplified when you and your Continued Stay in Senegal ENDS and you return to The Gambia. GAMBIANS need Assurance and Confidence Building by your presence and Speaking with a Factual, Evidence based, Verified and Confirmed information to the Gambian people. GAMBIANS need a Cabinet and a Working Government and not division that would further destabilize the Gambia. There is a saying, “there are no Permanent Friends in Politics, only Permanent Interests”. Alienating some or other Coalition Alliance Government’s Partners would not be Smart Politics especially at this very Uncertain and Tense Environment in the Gambia. You need all Coalition Alliance Government’s Partners to govern and you need to be mindful of any attempts to Marginalized anyone Coalition Alliance Government’s Partners in an I’ll advised nor Appropriate Conduct of filling Cabinet Positions to benefit UDP PARTY Members. Listen to your inner voice and better Angels of your mixed heritage and back ground and not to Division and Ethnocentrism. I hear that you will be returning to the Gambia tomorrow, Thursday, January 26, 2017. May Allah/God bless you and your family and Protect all who travel with you back to the Gambia. Be a President who will authorgraph your Work with excellence and dedication to provide Security and Safety to all GAMBIANS. One GAMBIA, One People and One Destiny, With Malice To None. Govern in a Manner that Does No Harm or Marginalize a Segment of the Gambian diverse Ethnic groups. Goodluck.