Former Magistrate Raises Legal Issues Over Mai’s GMC Party!!!

…..“ What troubled me about Fatty's piece is whether it was a speech, as captioned in The Echo, or simply a written articulation of his vision for a Gambia under a GMC government. If it was a speech, where was it delivered, and who was in the audience? Why were the other Movement/Party leaders not introduced to the audience at this important first meeting? This is important because Fatty's refers to "other leaders", without mentioning any names. If the piece was a written articulation of Fatty's vision, where did he "issue" it, and again, who were the other members of the leadership? He was in Senegal  and there is credible information that he now lives in the United Kingdom. Why did Fatty not inform his intended audience, i.e., those of us now reading this material, and for whom it is supposedly intended, as to his location? I certainly appreciate no confidentiality about the location of an individual who is in no objective immediate danger of his physical security,.” Lawyer Lamin J Darboe posited.

Source: Gambia L Mailing List

It appears The Gambia Echo has an exclusive on what is dubbed "The Maiden Speech of the National Executive Chairman" of the GMC. I am unsure if the caption is that of  Chairman Fatty,  or if it was The Echo's way of introducing the piece. I encourage you to read the piece in full as it deals - though not in any detail - with Fatty's "stance on unity, human rights, education and the lot more".

I agree with your "theme for the next presidential election", i.e., to "support the best candidate that will uproot Jammeh and restore hope and confidence (good governance) to Gambians and their friends". If it is possible for Fatty to contest the next presidential election, that would be fantastic news for Gambians in the sense that The 1997 Constitution of the Republic of The Gambia would have ceased to be the supreme law of our country. Stated differently, and contended for strictly in the ordinary run of events, Fatty is unqualified to contest the 2011 presidential elections as a candidate. Is Fatty aware of the Constitutional limitation to his ambitions? I would suppose so!

Under Section 62 (c)  of the Constitution, a Person must have "been ordinarily resident in The Gambia for the five years immediately preceding the election" to be "qualified for election" to the office of President. Fatty had been continuously absent from The Gambia for at least the past twelve months, and clearly failed the Constitutional test. I must concede that it is possible for him to contest the 2011 elections, but for this to materialise, Jammeh must have been out of power, and the Constitution abrogated, or at least suspended. Is this a realistic scenario? Considering the uncertainty underlying our political condition, it is not inconceivable for the 2011 presidential elections to take place without Jammeh's participation.

What troubled me about Fatty's piece is whether it was a speech, as captioned in The Echo, or simply a written articulation of his vision for a Gambia under a GMC government. If it was a speech, where was it delivered, and who was in the audience? Why were the other Movement/Party leaders not introduced to the audience at this important first meeting? This is important because Fatty's refers to "other leaders", without mentioning any names.

If the piece was a written articulation of Fatty's vision, where did he "issue" it, and again, who were the other members of the leadership? He was in Senegal  and there is credible information that he now lives in the United Kingdom. Why did Fatty not inform his intended audience, i.e., those of us now reading this material, and for whom it is supposedly intended, as to his location? I certainly appreciate no confidentiality about the location of an individual who is in no objective immediate danger of his physical security.

 Another matter that Fatty touches on was his "life threatening injuries". The importance of those injuries lies in their cause, and we should not be left speculating on the matter. As reported in some media, Fatty's injuries were as a result of an assassination attempt in The Gambia. Others take the view that those "life threatening injuries" were attributable to an innocent, if terrible accident. Fatty danced delicately around the issue, leaving us none the wiser as to the facts, even as he himself understood them.  

A yet more intriguing aspect of Fatty's piece is the issue of why he conveyed the impression that it was delivered, or "issued", in The Gambia. At the beginning of his piece, he stated that he was not in The Gambia. However, in express terms, Fatty specifically claimed to be in The Gambia, as exemplified by the following statement. "This we DECLARE for and on behalf of generations of Gambians here at home and around the world". In yet another section of the piece touching on those Gambians who left the country as refugees, Fatty states that they "shall once again, reunite with your families, loved ones and friends here back home, in dignity, freedom and prosperity". For someone currently outside The Gambia, why are such misleading statements necessary?

If the foregoing observations trigger no concerns, the overall message of the GMC as articulated by Fatty positively appeals. For me though, the concerns are overwhelming, and I intend to approach the GMC with absolute caution. The struggle against Jammeh's  dictatorship is too critical for one Gambian to utilise as an avenue to hustle on other Gambians.

 LJDarbo