Jammeh Tenure Extension : What I found in the Gambian constitution


A last minute "Malangaring" or should I call it Joker has given a constitutional lifeline to the embattled President of Gambia , Yayah Jammeh , the self acclaimed trado medical healer recently lost his countries presidential elections to a former real estate agent in the west African state .

Few days ago the Gambian ruler declared a state of Emergency which was approved by the countries National Assembly, and few hour ago the BBC reported that the Gambia's National Assembly has extended the tenure of the President by 90 days.

Curiously I went in search of the Gambian constitution to unearth where the Parliament derived its powers to extended the tenure of a President.

After about 30 minutes of going through what looked like a duplicate if the Nigerian constitution I realised that Buhari who himself have never conceded an election to his opponent no matter how transparent the elections were, Senegal who have been showing off its obsolete Military hardware in display of Force to its tiny neighbor and the ECOWAS have all blindly fallen into a legal trap set by Jammeh.

They missed an opportunity to despatch judges to the Gambian supreme court to speedily adjudicate on the election matter as required by section 49 of the Gambian constitution which would have cleared any obstacle to the inauguration of President -elect Adama Barraw .

Section 34 subsections 1- 5 provides that the President can declare a state of emergency and such declaration will subsist for 90 days provided it was approved two third by the National Assembly of the Gambia .

The joker in declaring the state of emergency at this time is in section 99 subsection 2 of the Gambian constitution which deals with the circumstances under which the tenure of the National Assembly can be extended.

It States that ; Any time the Gambia is at War or a state of emergency is declared , the National Assembly supported by a vote of not less than 2 /3 of its members can extend the life of the Assembly by 3 months at a time.
But not more than a total of 1 year under this subsection.

This subsection appeared innocuous to the Gambian President elect until I read section 63 subsection 6 which deals with the office of the President and realised ECOWAS needs to recheck their strategy if the Gambian stalemate will end without Bloodshed and a violation of the Gambian constitution.

Section 63(6) states that

When the tenure of the National Assembly is extended for any period in accordance with section 99(2) the tenure of office of the President shall be extended for the same period.

What this simply means is that except the ECOWAS quickly provides judges for the Gambian supreme court to quickly adjudicate on Jammeh's petition and quickly dispose or uphold it he may be in office for another one year without violating any provision of his countries constitution.

Africa and the impoverished people of west Africa do not deserve another war, Nigerian soldiers have already seen enough in the last 8 years, we already have too many military widows I don't think we should make more widows in Gambia.

Jammeh and his gang in the Gambia also need to understand that leadership is not by force, democratic irresponsibility has its consequences they must be willing to put the interest of their own people above their ego and carnal desires, for decades Africa have been defined by despots and the wars they foolishly invite , we don't need a war at a time our economy is in coma, every bomb exploded can build a school somewhere in Africa , A Russian made AK47 can fully stock a local school library with all the book it needs , the cost of sending military ships and maintaining them can be of great help to our dilapidated infrastructure.

For Ages we have traded our meagre earnings for weapons from the west which we have consistently used to kill ourselves and destroy the continent this must stop.

May God in his infinite Grace & Mercy grant our leaders the wisdom to avoid Bloodshed in Gambia

"The tenure of human positions, no matter how highly exalted will eventually come to an end. Only Gods tenure is eternal" Oche Otorkpa

https://www.goodreads.com/author/quotes/7569670

Yaya Jammeh should step aside

After about 30 minutes of going through what looked like a duplicate if the Nigerian constitution I realised that Buhari who himself have never conceded an election to his opponent no matter how transparent the elections were

Seriously, why are you wailers so terribly dishonest? You twist facts just to come to your dishonest opinion. This thread is supposed to be about Gambia's constitution but you can't just resist the temptation to slyly attack the president once again. For the records, challenging the result of an election is part and parcel of the electoral process and to the best of my knowledge, Buhari accepted all the decisions of the supreme court on all three occasions that he went to court.

As regards Gambia, you wailers can keep urging Jammeh on. After tomorrow, ECOWAS forces will move in and he will be dislodged so easily. If some of you like, you can go and fight for him, you will be roundly defeated together.

Rubbish

seunmsg:


Seriously, why are you wailers so terribly dishonest? You twist facts just to come to your dishonest opinion. This thread is supposed to be about Gambia's constitution but you can't just resist the temptation to slyly attack the president once again. For the records, challenging the result of an election is part and parcel of the electoral process and to the best of my knowledge, Buhari accepted all the decisions of the supreme court on all three occasions that he went to court.

As regards Gambia, you wailers can keep urging Jammeh on. After tomorrow, ECOWAS forces will move in and he will be dislodged so easily. If some of you like, you can go and fight for him, you will be roundly defeated together.

JAMMEH should step aside YES , Yes & Yes but Your pay master buhararia has no Democratic credentials the op was right , Buhari don contest 3 times all of them him no accept defeat, him even remove Democratic gofment for power and him no de respect Naija constitution ,Naija court and ECOWAS court so make you shut up !!!! your oga na the wrongest envoy for this matter .... Now run along

I bliv ecowas should b able to know about gambia law and constitution b4 taken any action against gambia.but if d gambia electoral body cnt see or complain of any misconduct about d election I think jammeh should step down and fight for watever he think went wrong.is their electoral body dnt hav law dat guide their election and d citizens

seunmsg:


Seriously, why are you wailers so terribly dishonest? You twist facts just to come to your dishonest opinion. This thread is supposed to be about Gambia's constitution but you can't just resist the temptation to slyly attack the president once again. For the records, challenging the result of an election is part and parcel of the electoral process and to the best of my knowledge, Buhari accepted all the decisions of the supreme court on all three occasions that he went to court.

As regards Gambia, you wailers can keep urging Jammeh on. After tomorrow, ECOWAS forces will move in and he will be dislodged so easily. If some of you like, you can go and fight for him, you will be roundly defeated together.

You are 'roundly' stupid for calling the silly Op a wailers and involving the dignified wailers association with your trash..

The useless 'Jamming' criminal will be killed faster than he could breath in and out..
All these useless sit tight African criminals has it coming for them one after another..

As for you and Buhari, I reserve my anger..

Op respect yourself and join voices to douse the Gambian headthief whether he is right or wrong..
Na only him sabi rule.. Haba!

mr man, a peaceful election has been held and a winner has been declared, so what are u talking about, u ve a dull brain.

I stopped taken you serious after reading the following statement;

After about 30 minutes of going through what looked like a duplicate if the Nigerian constitution I realised that Buhari who himself have never conceded an election to his opponent no matter how transparent the elections were Senegal who have been showing off its obsolete Military hardware in display of Force to its tiny neighbor and the ECOWAS have all blindly fallen into a legal trap set by Jammeh.

It betrays the writer as a chronic wailer and hater of Buhari. You are condemning Buhari for exercising his fundamental rights of going to court to contest election results, how else do you want him to show his dissatisfaction with the elections. In the History of Nigeria's democracy, which president (except Jonathan) or governor or even legislative member had ever accepted an election result without going to court? and you are here singling out Buhari for your hatred.

Which election had ever been transparent in the history of Nigeria, including the ones in the OP's home state? Even the winner of the 2007 presidential elections (Yaradua) agreed that it was grossly flawed. The 2007 elections was held without serial numbers on the ballot papers. And the OP is talking about transparent elections in Nigeria.

It pains me that some people love to promote and support evil, and then add Gods name to justify their evil minds.
The State of Emergency declared by Jammeh and ratification by the national assembly is an exercise in futility. An election had already been conducted and a winner had been declared. The constitution itself recognize that the elected president shall assume office after 60 days following the day of his election, no state of Emergency or even court order can prevent that. It is only a court judgement that can annul the results of the elections, call for a new election or reverse the result of the previous election and declare Jammeh winner. This can be done before or after the new president had been sworn in, as had been seen numerous times in the Nigerian political landscape in governorship elections.

Jammeh becomes an illegal president and a rebel immediately after his tenure expires on the 19th.


Is the OP advising Buhari that if he feels that the 2019 presidential elections is not transparent, all he has to do to avoid handing over to the winner is simply declare a state of emergency 24 hrs before the handover date and then get the national assembly to ratify it within 2 days or 10 days as the case may be, and voila, Buhari's tenure will be extended by 6 months.

he should vacate the seat that's my take

Gambia rule of law and oyo state APC rule of law....

he can't step aside, he has a constitutional backing..... it is only in Nigeria that people rig elections and get sworn in.... it does not happen in the Gambia.... the man who conducted that sham called election is on the run why? why not stand by the results you released? but he ran away and was telling people that before judges would arrive from ECOWAS, jammeh must have left office. unknown to him that, the manipulated results he released would be the beginning of blood shed and the destruction of the Gambia. why did Jega not run away? jammeh's crime against ECOWAS is that he has stayed for too long... not that he lacks legitimacy. ECOWAS is useless to everybody in West Africa, so they should better send judges to avert blood shed. I just wonder why a sovereign
state like the Gambia shouldn't have a complete judicial system.

Buhari led ecowas must respect Gambia's Constitution as regards state of emergecy and extension of the president's tenure in office.

Idi Amin of Uganda treatment loading in Gambia.....

Buhari and constitution is like night and day. My prediction is that Jammeh is done and gone.

There is nothing anyone can do about it. 22 years in ok for anyone. Nonsense

That man just want to be disgraced out of office




Like an i_iot

Aburi001:
J

You dey book space for this recession

This is quite tricky now. But war shouldn't be an option.

Jammeh should resign and diplomacy should be used in ousting him instead of wars

Op
They may call you a wailer which you are by the way. That said, you have spoken the truth.

Any intervention by Nigeria, Senegal with their Ill equipped army will be illegal. Jammeh has good lawyers and seems to be smarter than all the leaders of West Africa put together.

He should go anyway.

African leaders.... I wonder how they reason

A lot of African presidents have learn a lesson from GEJ/Buhari election. Nobody wan successor to intimidate him and is people so the grab unto the power or beta still make the country ungovernable like sum of our leader normally say

African leaders.... I wonder how they reason nevertheless.......... the dawn is near for Africa

seunmsg:


Seriously, why are you wailers so terribly dishonest? You twist facts just to come to your dishonest opinion. This thread is supposed to be about Gambia's constitution but you can't just resist the temptation to slyly attack the president once again. For the records, challenging the result of an election is part and parcel of the electoral process and to the best of my knowledge, Buhari accepted all the decisions of the supreme court on all three occasions that he went to court.

As regards Gambia, you wailers can keep urging Jammeh on. After tomorrow, ECOWAS forces will move in and he will be dislodged so easily. If some of you like, you can go and fight for him, you will be roundly defeated together.

I dont understand them at all they are somehow in support of Jammeh.

Jammeh should know that power is like a grains of sand, the more you grab it, the more it leaves your hand. Therefore, Jammeh should just safe his fellow countrymen and women from unnecessary pressure/stress/violence by doing the needful.
God bless Nigeria.

seunmsg:


Seriously, why are you wailers so terribly dishonest? You twist facts just to come to your dishonest opinion. This thread is supposed to be about Gambia's constitution but you can't just resist the temptation to slyly attack the president once again. For the records, challenging the result of an election is part and parcel of the electoral process and to the best of my knowledge, Buhari accepted all the decisions of the supreme court on all three occasions that he went to court.

As regards Gambia, you wailers can keep urging Jammeh on. After tomorrow, ECOWAS forces will move in and he will be dislodged so easily. If some of you like, you can go and fight for him, you will be roundly defeated together.

If i lose this election dogs and baboons will soak in blood. Buhari

Anything about buhari is always an issue to some people,OK Jammeh u won o.

Sighs....quoting the constitution for Buhari on top Jammeh case is an exercise in futility!

koladebrainiac:


I dont understand them at all they are somehow in support of Jammeh.

Nobody is supporting Daft Jammeh rather a Dafter Buhari shouldn't be n adjudictor in such matters