(JollofNews) – President Adama Barrow of the Gambia has renewed his government’s commitment to promote and strengthen an independent judiciary and the rule of law in the country.
He said Gambians have opted for freedom and an end to tyranny in the last election and the country will never again return to those dark days of impunity and blatant disregard of constitutional order.
“To achieve this, my government is determined to build strong institutions capable of transforming the state of this great nation from dictatorship to democracy and from despair to hope,” the president said.
Speaking at the swearing-in ceremony of six judges on Monday, Mr Barrow added: “We must take advantage of our unique diversity to turn it into collective national strength for the betterment of all Gambians.
“The role of the judiciary in this new dispensation cannot be overemphasized. We count on all of you to effectively and honestly contribute to building a strong, open and just society underpinned by the respect for human rights, democracy and freedom for all.”
Mr Barrow added that while he is aware of the numerous challenges besetting the effective and efficient delivery of justice in the country including timely access to justice, limited resources and the capacity to retain competent legal practitioners, he has no doubt that with collective national resolve and commitment coupled with the continued support from development partners, his goverment will reposition the judicial sector to respond to the current realities of the country sooner rather than later.
He said he has full confidence in the Chief Justice of the the Gambia, Justice Hassan Jallow and the team, and his regime will give support to the justice department in its efforts to reform the judiciary.
PREDIDENT BARROW, GLAD TO KNOW THAT YOU ARE CONCERNED ABOUT THE APPEARANCE OF REALITY OF AN INDEPENDENT JUDICIARY IN THE GAMBIA. PLEASE START WITH THE SELECTIVE AND CAPRICIOUS ARRESTS AND DETENTIONS OF GAMBIANS INCLUDING THE JAMMEH BROTHERS ARREST.
An understatement, given the implications. This is another indication that the “New Gambia” is the “Old Gambia” of 52 years Warmed Over. What is the Legal Standing for the Charges? Under what legal Instrument or Grounds are the Jammeh brothers Arrested and Detained. What Criminal Act or Deed are they Accused of and more Significantly, who is Accuser (s)? These are Legal questions that need Clarification because the Accused Need to have the Opportunity to Confront their Accuser (s) in a Court of Law. Least the Gambians and the World allow themselves into a Collective Voluntary and Involuntary Amnesia Of the Exitence of an Agreement, or the Document (s) Of Resolution between Former President Yaya Jammeh and those Representing the Coalition Alliance Parties and their Leadership during the Gambian Political Impasse. The AU, ECOWAS and the UN were also Parties and Witnesses to the SAME Agreement which Stipulated to Former President Yaya Jammeh and therefore, anyone he Selects or Designates as his Executor (s) as the Legal Custodian of the former President Yaya Jammeh’s Kanilai and other Properties. The UDP Led Regime of Adama Barrow, Ousainou Darbo, and Mai Fatty are Pursuing a “Witch Hunt” against Persons associated with former President Yaya Jammeh and doing so in a Selective and Malicious Intent for Revenge, Avenge, and even Punish for the Sake of Punishment to Pacify and or Placate the Extremists Ethnic group Supporters of UDP and other Ethnocentrist Extremists. The danger is, the likes of the Over seers of the Ministry of Interior, Foreign Ministry and One Fatoumata Jallow Tambajang (Overseer of the Vice President’s (PORTFOLIO) Personslities may be Pushing the Gambia into Civil disturbance by Over reaching and tipping the Tolerance Niddle into the Mutual Assured Destruction (MAD) Zone. When that happens, and no one can predict when or which Action or Inaction would trigger the backlash or Strike the Match. One could argue that Jammeh’s down fall began with the Declaration of Gambia as an Islamic State. With one Declaration, former President Yaya Jammeh was able to alienate the existing Opposition, and added new ones from all Gambian Political and Social Strata. The Non Muslims and Gambians’ long harboured feelings and believe in a Secular State, Free from the Needing influence of the State and Politicians Coalesced in Opposition AGAINST Jammeh. My Modest Plea to the UDP Led Regime and the Minister of Justice is, Please Drop all Charges Against the Jammeh brothers and anyone who may have been caught up in an Unlawful and Ilegal Arrest and Detention in the Gambia in the recent past and during former President Yaya Jammeh’s regime. #GAMBIA HAS DECIDED, is Meaningless if that DECISION Makes s Mockery of the Rule of Law over Men, Due Process and Equal Protection Before the Law in the “New Gambia”. The Gambia and Gambians are Diminished and Not Elevated or Improved in anyway or form by the Repeated Repugnant and Caprious Application of Justice to a Select Ethnic Group (s), especially Against the Jola Ethnic Group of Former President Yaya Jammeh. Maturity and Cosmopolitan thought process and not Seemingly “Infantile” Provincial and Nativism with an Ethnic Group Based Agenda. End Ethnic Group Based Arrests, Detentions and Purgings of Perceived Enemies.
Gambia is More than the Sum Total of One Ethnic Group or Region. One Gambia, One People, One Destiny.
SIDI, I may be biased having named two boys after Justice Hassan Jallow, but I have 100% confidence in him.
On the issue of THE JAMMEH BROTHERS, there is one possibility we have not considered. It is said that ex-President Jammeh gave his last Attorney General, Mama Singateh “POWER OF ATTORNEY” over all his property and business in The Gambia. That being so, no one can dispose of “Jammeh’s property” without authorisation from Mama Singhateh. Even Jammeh himself can’t dispose of his own property – until he revokes Mama Singhateh’s “Power of Attorney”. If the brothers sold the cattle on Jammeh’s say so only, without authorisation from Mama Singhateh, then they may indeed be liable to be charged with theft.
Jammeh may infact have “shot himself in the foot” by giving Mama Singhateh “POWER OF ATTORNEY”. I have seen a “Power of Attorney” document where the lawyer had included a clause which said: “6 months notice to cancel this Power of Attorney”!! If this is the case, Jammeh will have a real problem if Mama Singhateh, looking after her own interest, decides to work with the new government (which is what may have happened here if she decides to keep Jammeh property intact until the government decides what to do with it). Jammeh will probably be going crazy at Mama Singhateh just now – but there is nothing he can do! There may be a 6 month cancellation clause in the “Power of Attorney”. Then again there may be no lawyers in The Gambia willing to work for Jammeh; and he cannot come to The Gambia himself. And his family will starve because they cannot touch any of “his property”!! To all intents and purposes, once Jammeh has given Mama Singhateh “Power of Attorney”, he has no property left in The Gambia!
Sorry Babu Soli and Sidi – Kinteh is the happy man here! Jammeh has effectively been dispossessed of his LOOT – legally through Mama Singhateh!
PS: Whenever I prepare a “Power of Attorney”, I always include a clause which says that “This Power of Attorney Agreement May Be Terminated At Anytime By Either Party Through A Simple E-Mail Message To That Effect”.
Haleke, a point well taken. However, there is no evidence that this is the Case. The best case scenario is what you have aluded to. If that is the Case and Attorney Mama Singhateh is a party to the Charges Against the Jammeh brothers, I would submit that the “Power of Attorney” given to Attorney Mama Singhateh may be Sufficient if Appropriately applied, Subject to Contestation of the Testator, Testator’s or the Aggrieved Party or Parties in the Will. It is Significant that Government Act with Delibrate Speed and Disseminate the Legal Standing Provisions or Instruments that Provided Legitimatimacy of the Arrests and Detentions of the Jammeh brothers and others. Failing to do so, only Feeds and Supports the General and Specific Feelings and Believe that the Arrests and Detentions are Ethnic Group Based and Politically Motivated by the UDP Led Regime. That is the Gambian Political and Legal Paradox. I am in Search of the Key to the Paradox.
The information is now coming thick and fast from President Barrow. At last he now understands this important benefit. The road will be long and hard with many challenges. But if he shares this burden,>>> Gambians will surely carry it.