IDENTITY POLITICS AND DEMOCRACY IN GAMBIA SINCE 1960

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Read Time:2 Minute, 47 Second

The political party that is genuinely capable of reconciling all Gambian ethnic groups shall be triumphant in the 2021 presidential elections. We are currently witnessing a redux of the democratic elections in the Gambia after the adoption of the Lenox-Boyd Constitution in 1960. Social class and tribal fault lines enabled the PPP to gain power but the passion for revanchism within the party rendered it dysfunctional, pathological and ethically bankrupt until overthrown in 1994.

There is a current resurgence of identity politics again in The Gambia driven by the leadership from both the incumbent party NPP, and one opposition party UDP. We shall discuss these political phenomena among many other things pertinent to the status quo in the country. Stay tuned this weekend.

Join us 24 October, 2020TIME:
1:00 PM NEW YORK
5:00 PM BANJUL
6:00 PM LONDON

A National Disgrace: A sitting Court, State Prosecution, National Assembly, National Library, Printing Dept., nor the National Museum none can produce a simple copy of the Gambian 1997 Constitution. Yankuba Touray’s defense team had to scavenge around town looking for a copy. Gambian judiciary is a fvcking joke. This is shameful!

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Read this Supreme Court Decision written by Chief Justice Hassan Jallow himself and understand why the “Draft New Constitution” is NOT in compliance with the 1997 Constitution and hence ultra vires, wrong and illegal. Also by extension it also demonstrates the mischief being peddled at the Yankuba Touray trial based on a subterfuge about the existence of Section 232. The APRC needs to step up their game and challenge any foolish attempt to resurrect the dead “New Draft Constitution.” Here are some excepts:
Jammeh v Attorney-General
Supreme Court, 29 November 2001
Judges: Lartey CJ, Jallow JSC, Wali JSC, Ogwuegbu JSC and Amua-Sekyi JSC
Challenge on the constitutionality of a Constitution Amendment Act passed by the National Assembly.
[29.]… Of immediate concern to this case is that paragraph 17 of the Second Schedule to the Constitution provides as follows: The National Assembly shall have no power to pass a bill to amend or repeal this paragraph or paragraphs 11, 12, 13, or 14, of this Schedule.
[30.] Paragraph 13 of Schedule II to the Constitution, provides for immunity from legal proceedings of members of the Armed Forces Provisional Ruling Council or their appointees for acts or omissions in the performance of their official duties.
[31.] It is clear that the purported amendment to paragraph 13 of the Constitution contained in Act 6 of 2001 is ultra vires paragraph 17 of the Second Schedule to the Constitution which prohibits any such alteration, thus is null and void and of no effect. And I so hold.
[32.] It cannot be over-emphasized that, given the supremacy of the Constitution over all other laws and acts or omissions of public authorities, it is important for all those involved in the exercise of the legislative authority of the state to exercise due care and caution to ensure that such legislation is consistent with the provisions of the Constitution and that it is enacted in accordance with the requirements and procedures of the Constitution. Failure to comply with these legal requirements will attract the kind of consequences which have befallen the purported amendments to section 1(1) and paragraph 13 of Schedule II to the Constitution.
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