West African regional body ECOWAS representatives led by Nigerian President General Muhammed Buhari are due in Banjul on Friday January 13th for final push for Gambian President to peacefully transition power to President-Elect Adama Barrow. The high level delegation of leaders will comprise of General Buhari President of Nigeria, Ellen Johnson Sirleaf President of Liberia and current Chairperson of ECOWAS, Ghana’s former President John Dramani Mahama, Mr. Mohamed Ibn Chambas UN West Africa Representative and possibly Bai Koroma of Siera Leone. These leaders are on an urgent and critical mission to try to convince Gambia’s outgoing President Yahya Jammeh to peacefully handover power to the elected leadership.
This will be the second visit of the West African leaders to meet Gambian leader President Jammeh who was clearly defeated at the polls in December but refused to handover power alleging vote rigging. This high level visit is being described as a last opportunity for the Gambian leader to dialogue with African leaders to peacefully resolve Jammeh’s refusal to give up power. Earlier in the day it was reported by several Nigerian papers that Nigerian Parliament has debated and approved the granting of asylum to the Gambian leader should he desire to seek a place for sanctuary. The Parliament also declared its unflinching support for the Gambian people and President-Elect for a peaceful transition of power.
Gambia found itself in this political tension after the incumbent president Jammeh who ruled the country for 22 years was unexpectedly defeated at the December 1st polls. Mr. Jammeh initially graciously accepted the results and congratulated President-Elect Adama Barrow. One week later President Jammeh changed his mind and declared the results null and void alleging voting rigging from a system he has used to win votes for four presidential election cycles. The Independent Electoral Commission (IEC) whose members were appointed by Gambian president and who for the most part have paid loyalty to him over the years declared the opposition winners of the December votes. Jammeh has pulled almost every plug to try to prolong his rule by filing a petition at the Supreme Court to hear the case. Unfortunately, because of his impunity Jammeh had dismissed all supreme court judges except the Chief Justice who he kept replacing several times over a span of 3 years. The supreme court with only the Chief Justice advised Jammeh and the APRC that the case cannot be heard due to lack of judges. At least five other judges are needed for any case to continue at the highest court in the nation.
President Elect Barrow is due to be sworn into office in six days on January 19th as stipulated by the Gambian constitution which indicated that a new President must be sworn exactly five years after the term of the current president expires. Jammeh’s fourth term expires on January 18th. Yahya Jammeh and the APRC has since been scrambling to stop the inauguration by any means possible. The incoming government on the other hand has been pushing fast forward for the historic inauguration on January 19th. West African leaders, the United Nations, African Union, European Union, the United States government have all recognized the incoming government as the legitimate government representing the people of the Gambia. They have all urged President Jammeh to “respect the will of the Gambian people” and hand over power. ECOWAS with the backing of the AU and the United Nations have pledge to send in troops to settle the matter as last resort should outgoing president Jammeh refuses to take the diplomatic route to hand over power. Nigeria has reportedly commission for up to 800 troops to be on stand by and ready for deployment if Jammeh fails to accept a peaceful resolution. Senegal is said to have put its troops on standby as well.
However, Gambians and the rest of the world are optimistic that Yahya Jammeh will give peace a chance and give up power peacefully. In a series of Presidential addresses to the nation, President Jammeh gave mix signals on whether he will leave peacefully before the 19th or not. Jammeh in a televised late night address to the nation on Tuesday appointed a mediator to negotiate between him and the incoming government. He asked the House of Parliament to work with his new minister of Presidential affairs and media to craft a bill calling for a general amnesty for him and his supporters. Jammeh also postponed the visit of the West African leaders until today Friday which is another sign that he may finally agree to leave power. However, being the Jammeh he is and in the same address he said he will not relinquish power until the supreme court rules on the case which is not sitting until May 2017. His aides are seen scrambling to find a constitutional loop hole to prolong his rule.
In a bizarre twist Jammeh’s lawyer Edu Gomez filed what appears to be the most legally desperate move by restraining almost every institution private or public in the country to engage in any act that resembles an inauguration of the President-Elect. Mr. Gomez’s restraining order asked the Supreme Court; the House of Parliament, the cabinet, the national army, the Police force, the National Television, the Chief Justice and even the President himself from making any attempts to make a decision on this political quagmire. It is the most bizarre injunction any legal scholar has ever seen. What Jammeh and his lawyer are trying to do is beyond anyone’s imagination according to pundits.
What happens later in the day today is anyone’s guess. The presence of strong leaders from ECOWAS is a clear indication that Yahya Jammeh is running out of options. This is his last chance to peacefully handover power, respect the verdict of the Gambian people and do what is in the best interest of the nation by handing over power peacefully. Despite his initial resistance due to genuine fear for his two decades of oppressive rule over Gambians, Jammeh will do himself and the country a favor by extending an olive branch and giving up power peacefully. In fact, Jammeh may not need to be granted Amnesty if he decides to handover power. He will not only make history in this tiny peaceful nation, but will rally the international community behind him in case the incoming government wants to prosecute him for alleged crimes. The ball is entirely in Jammeh’s hands and everything could be over by end of day today if Jammeh truly loves the Gambia and its people. It will however not be beyond him should he insist on staying and fighting to his last breath. It will be a shame for him to enjoy every privilege on the people of the Gambia for 22 years only to plunge the nation into political chaos. It is expected that cooler heads will prevail and ECOWAS will not need to send in troops to remove him from power. History is about to be made again but in a good or bad way for Jammeh and the APRC. Gainako is closely monitoring the situation and will update our readers both on print and airwaves should any developments come by. Stay tuned!
1 Comment
Dear Editor,
Kindly publish this comments for me.
My understanding is that the role of the Supreme Court is not only to hear appeals on Presidential election results but all other appeals that have not been resolved up to the level of the Appeal Courts. This is what makes the Supreme Court the final decider of all legal matters petitioned for their consideration.
The Supreme Court reviews decisions or verdicts made by competent authorities which have been given such powers by the Laws of the Gambia. There is no doubt that the Independent Electoral Commission is one such competent authority on election matters in The Gambia.
What needs to be understood is that the verdict of any competent authority must be upheld and implemented until that decision is reversed by a Superior Authority.
This is why we have people presently serving prison sentences even though they have filed appeals for a review by a superior court. Yaya Jammeh will remember the numerous people who were sentenced for treasonable and other capital offences and had to commence serving those sentences while awaiting for the final decision of the Supreme Court on their appeals. It has never been argued that because of their appeals, the sentences should be suspended until the Supreme Court gives its verdict.
The verdict of the Independent Electoral Commission in all previous elections was what led to the swearing in of the President for a new five year term. Those were not validated by a Supreme Court.
If the verdict of every election has to be put on hold because of an appeal, then you can imagine what the future will hold for our election.
Yaya Jammeh was the law, interpreted the laws, influenced court verdicts and even did the sentencing. Even today there are people in prison who have been sent there not by the courts but by Yaya Jammeh.
Not any more! THE GAMBIA HS DECIDED.