Gambian Constitution Chapter II Section 5,Sub Section (a) and Section 67 Justify the removal of Jammeh!

By TIMBUTKU.
 
As the Yahya Jammeh government is busy "patching" their self-made constitution we have also decided to be decoding the "condensed" parts of those provisions therein for him Yahya. Let him know this constitution is what will justify his removal as from now onwards. It is also a reminder for Yahya and those he was with in the Armed Forces Provisional Ruling Council. That is, the act of adding their "crude" decrees in this constitution as referenced in  the said provisions was  and can never be legal. Therefore the latter becomes the  very first violation of the the contents of a constitution  his regime made up to survive from the day one. The contents of  the preamble, just before the beginning of the specified chapters,sections,sub sections leave so much to be desired. Yahya Jammeh and his armed band made lofty promises therein,which they have been braking every day! from 1994!  In this very preamble Yahya Jammeh and co refered to the future of unborn Gambian children.  First contradiction! After being in power for only three years following the introduction of that very constitution he killed a three year old student during the April demonstrations in 2000. There are clear indications that Yahya gave the PIU orders while on an official visit to Cuba, to shoot and kill our children. Lest we do no respect the contents of the replies from the pathologist and the findings of the coroner.
 
Along the way (before or after) Yahya Jammeh and team have been deliberately disregarding  those very provisions in their self-made constitution. Anoother contradiction! They killed Koro Ceesay a former secretary of for finance only because he wanted to read the budget estimates without editing it to cover up the miltary junta's mismanagement of national coffers! That is why Yahya and team killed Koro just so Gambians know this part of the story too.  The idea that Edward alone was Koro's enemy is far from the truth. Yahya Jammeh at the foot of the aircraft-Ethiopian Airlines said: "Let him drink black coffee". For those killers who knew Yahya's coded messages when sending his hit they giggled in reply saying: "Kebba koh Ngaa faddih" meaning in mandinka:"The big man said we hit him" The man was in no way a security threat neither did he qualify to be sentenced to death! Even if Koro was sentenced to death by a court of law, was it appropriate to kill him on that lonely Jambanjelly bridge in the middle of the night? The same Yahya  after the demonstrations of former PPP stalwarts in 1995 near the US Embassy, arrested,detained and electrocuted everyone of those detainees. This led to the death of the late Ousainou Njie. The adverse effects of that extreme method of torture was just too much for Ousainou to endure even after he released(May his soul rest in perfect peace). Respectable men like Njie were subjected to unimaginable and inhumane treatment by people like Almamo Manneh(former state guard now dead),Musa Jammeh(former state guard also dead).  Musa the former shot Manneh and killed him along the bond road toward Banjul Wharfy Njaago. Musa himself died a couple of months from what many believed to be poisoned food that was given to him within  the state house. Musa according to a source in the state house was eliminated because he knew something about the killing of the 44 Ghanaians who died in The Gambia and a lot more.  In 1995 all those who were detained at the Fajara barracks, people like OJ Jallow,Mustapha Ceesay,Baboucarr Ceesay only to name a few were subjected to severe torture for months. The same thread of torture led to the death of former UDP stalwart Mr Sedia Sanyang a man who many  in The Gambia saw as their mentor and educator. The latter was arrested and tortured only because he was a strong member of the UDP-United Democratic Party.
Yahya Jammeh also entered into a deal with the Nigerian government during Sanni Abacha's time for the lifting of crude oil. He was expected to utilise the returns on development projects in The Gambia but to no avail. The contents of that contract have never been made public neither have the returns ever been seen anywhere for the benefit of the public. This is why he is trying all he can to eliminate Muhammed Batata Juwara accusing him of fraudulent visa applications? Even if the Juwara committed the latter crime Yahya would also love to see him disappear because he is the only living witness at moment, who can say more about the Nigeria crude oil deal. A serious economic crime that is punnisbale by death in some South East Asian countries!
That apart Yahya Jammeh killed soldiers like Lt Saye,chopped their legs only to dump him into a pit latrine thanks to revelations from a former army officers who escaped the wrath of a killer-president.
These and other crimes Yahya committed have made him more than qualified to be a "prey" of the Gambian constitution. Lets face the reality and do all we can to expose Yahya Jammeh. Thats a national duty. If we are to say the facts as they are for the sake of Allah or God.
 
Our men and women in  the armed forces are being notified that President Yahya Jammeh has already given tangible reasons to every citizen of the land as to why he should be removed him from power. Our lawyers,police,civil servants and the general public are also being notified that President Yahya Jammeh has already given us enough chances to use the same constittution therefore remove him from power.
If these reasons are not enough means Yahya is ruling The Gambia the way he likes, it thus means his removal cannot end up being a "refined" one either.
 
Read the first part of The Gambian constitution hereunder,revisit the legacy of the AFPRC/APRC government therefore rethink. Logically why shouldn't Yahya Jammeh be removed from power within the confines of the constitution? This is a question being thrown out there to spark a national debate,ultimately cause a national reaction!
Yahya is legally not fit to govern The Gambia anymore. Doing is not feeling,lets act before it is too late! Action here may start from resorting to regaining our rights as citizens without offending the international political culture. Which has already been supported by the laws of the land!
 
THE GAMBIA IS CRYING THE WORLD MUST LISTEN! WE ARE A SMALL COUNTRY WITHOUT A LARGE MARKET AND OIL WELLS BUT WE ARE A MEMBER STATE OF THE UNITED NATIONS.  LEND US YOUR EARS! ONCE AGAIN!
 
 
 
 
 
                         CONSTITUTION OF THE SECOND REPUBLIC OF THE GAMBIA
Adopted on 8 August 1996, entered into force in January 1997,
last amended in 2001
 
 
In the name of God, the Almighty,
 
We the people of The Gambia have accomplished a great and historic task. We have had our say on how we should be governed. For this Constitution contains our will and resolve for good governance and a just, secure and prosperous society.
Our hopes and aspirations as a people were reflected in the enthusiasm and zeal with which we embarked on the task of nation building on the attainment of independence. The self-perpetuating rule of the recent past, however, soon gave rise to the abuse of office and related vices which negated the total welfare of the Gambian people. The sovereign people of The Gambia therefore endorsed the change of government on 22 July 1994 to rectify such evils.
This Constitution provides for us a fundamental law, which affirms our commitment to freedom, justice, probity and accountability. It also affirms the principle that all power emanate from the sovereign will of the people.
The fundamental rights and freedoms enshrined in this Constitution, will ensure for all time respect for and observance of human rights and fundamental freedoms for all, without distinction as to ethnic considerations, gender, language or religion. In acknowledging our fundamental rights we also affirm our duties and responsibilities as citizens of this country.
This Constitution guarantees participatory democracy that reflects the undiluted choice of the people. The functions of the arms of government have been clearly defined, their independence amply secured with adequate checks and balances to ensure that they all work harmoniously together toward our common good.
As we usher in the Second Republic and beyond, we give ourselves and generations of Gambians yet unborn this Constitution as a beacon of hope for peace and stability in our society and the good governance of The Gambia for all time.
In this spirit, we continue to pledge our firm allegiance to our beloved country and pray that the Great God of Nations will keep us all ever true to The Gambia.
 
 
CHAPTER I: THE REPUBLIC
 
1. The Republic
(1)      The Gambia is a sovereign secular Republic.
(2)      The sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this Constitution.
 
 
 
CHAPTER II: THE CONSTITUTION AND THE LAWS
 
4. Supremacy of the Constitution
This Constitution is the supreme law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.
 
5. Enforcement of the Constitution
(1)      A person who alleges that -
(a)      any act of the National Assembly or anything done under the authority of an Act of the National Assembly; or
(b)      any act or omission of any person or authority,
is inconsistent with or is in contravention of a provision of this Constitution, may bring an action in a court of competent jurisdiction for a declaration to that effect.
(2)      The court may make orders and give directions as it may consider appropriate for giving effect, or enabling effect to be given, to such a declaration and any person to whom any order or direction is addressed shall duly obey and carry out the terms of the order or direction.
(3)      The failure to obey or carry out any order made or direction given under subsection (2) shall constitute the offence of violating the Constitution and -
(a)      shall in the case of the President or Vice-President, constitute a ground for his or her removal from office in accordance with section 67; and
(b)      any other person who is convicted of that offence shall be liable to the penalty prescribed by an Act of the National Assembly.