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Jammeh Tenure Extension : What I Found Inside The Gambian Constitution - Foreign Affairs (3) - Nairaland

Nairaland ForumNairaland GeneralPoliticsForeign AffairsJammeh Tenure Extension : What I Found Inside The Gambian Constitution (38811 Views)

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Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by seunmsg(m): 7:26pm On Jan 18, 2017
obayaya:
Wars begin long before the first shots are fired. And it'll be foolhardy to wait till the first shots are fired before getting ready?

With NNS Unity lurking around the coast of Gambia without an explicit permission of the Gambian Government, Gambia is at War.
NNS unity is not currently within the territorial waters of Gambia so, your argument is flawed. Whatever the case, ECOWAS forces will move into Gambia anytime from tomorrow and Jammeh will be removed. We have gone beyond the stage of legal jargons. Jammeh either hands over peacefully tomorrow or get the Gbagbo treatment.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Kdon2: 7:26pm On Jan 18, 2017
BeClever:
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!
My brother u dey vex ooo!
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by wellmax(m): 7:27pm On Jan 18, 2017
wirinet:
I stopped taken you serious after reading the following statement;


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 2003 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.
GBAM!!! One sensible comment
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Godson505: 7:28pm On Jan 18, 2017
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Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by AngelicBeing: 7:28pm On Jan 18, 2017
sad
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Bibors(m): 7:33pm On Jan 18, 2017
When there is a warship approaching your coast and there are land troops ambushing from behind, you say it's an anticipation of war and state of emergency is illegal?

Na wa ooo

Kiakia:
You have, without realising it, turned the Constitution of Gambia on it's head. Gambia is not at war. Declaration of a state of emergency by the President of Gambia at this time is illegal and unconstitutional. He declared the emergency in anticipation of war. This is at variance with their constitution. Therefore, Jammeh cannot unilaterally extend his tenure. Your arguement in this regard is full of holes, Op.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by twosquare(m): 7:36pm On Jan 18, 2017
redcliff:
With this singular act of his, the state of emergency, he is going no where tomorrow. Ecowas and useless Nigeria President who cannot think for himself have just played to the games of Jammeh. I promise you, nothing would happen tomorrow. Mark my words.
You will see...even foreign powers dey beg am...do not think they are not interested...and don't think it is only ECOWAS that made the decision. Jammeh is a goner but if you're right, I will quote you again.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Nobody: 7:36pm On Jan 18, 2017
Even at that.. I think jammeh has got to step down... he could as well challenge d results of the election while he is out of office
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by obataokenwa(m): 7:36pm On Jan 18, 2017
Buhari is used to violating court and constitutional rights. I doubt if he will listen cos he's also a blood thirsty person don't forget. killing makes him happy
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Bibors(m): 7:37pm On Jan 18, 2017
PHIPEX:
Gambia is not yet at war so your position doesn't apply. The state of emergency is illegal cos the expected war can only happen after the tenure of the incumbent, the president therefore has no right to declare such. We must not applaud his stupidity which he mistakes for smartness. If we go by the OP's thinking then every president will extend their tenure by simply declaring a state of emergency.
Did you not read the post? The National Assembly decleared a state of emergency and extended their tenure by 90 days, Invariably extending the tenure of the president. Read again, the president has no powers to declare a state of emergency
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by DeepSight(m): 7:37pm On Jan 18, 2017
wirinet:
I stopped taken you serious after reading the following statement;

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.
I have to disagree with you here, Old Friend.

Nigeria is a most abnormal country suffering horrendously disagreeable psychosis.

For only in such a country can a person who committed treasonable felony by being involved in the military overthrow of a constitutional democracy - which plunged Nigeria into 16 years of egregrious military dictatorship ever be considered, much less permitted to contest a presidential election. The plain truth is that such a person should be in jail: should long have been convicted of treasonable felony and should never even contemplate the presidency of Nigeria.

But because we are such a sick people with a dim sense of history, we permit such sacrilege and even celebrate it as positive change.

In truth, whereas you attempt to portray Buhari as a peace loving democrat: this is false - you have forgotten the hundreds of yourth corpers killed in the North as a direct result of his provocative utterances to Northern youth regarding the 2011 elections. It is not only by going to court that one shows that one is a democrat: one also shows it by being large hearted enough in dicey situations which could cost lives. Buhari did not do that and that in 2011 and that cost many hundreds of lives. Do you also remember his comments about the dogs and baboons being soaked in blood? What is wrong with you Sir?

Contrast him with Jonathan who left without a whimper. Do you know the real truth about the 2015 Election? Jonathan's life was a risk and Buhari's people had let him know in no uncertain terms that he would be assassinated if he did not "comply". I was close enough to key actors in the corridors of power at the time and I know what I am saying for a fact. In fact, the USA and Britain also advised him in similar terms. All of this was done for Buhari, who you here attempt to cast as a law abiding Democrat?

If Nigeria were not a sick nation, we would not permit ex military dictators, particularly those involved in, or who were beneficiaries of a coup that truncated a constitutional democracy, to be elected President. It is quite unthinkable, but anything goes in Nigeria.

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
You are quite wrong. Only a court Judgment can put aside the State of Emergency and as per the Constitution of Gambia, Janmeh may remain under a State of Emergency.

This in no way means I support his detestable actions: I am speaking strictly legally.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Nobody: 7:38pm On Jan 18, 2017
obayaya:
So, you want to fight illegality with Illegality?
A prior illegality renders any action by the first offender a nullity. As such in thi case there is no secondary illegality.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by blackpanda: 7:39pm On Jan 18, 2017
OP your write up is full of half truths and baseless ridiculous innuendoes calculated to satisfy your own selfish bias.

1. The sections you read out have absolutely nothing to do with the present situation. There is no state of war in gambia rather a greedy wicked and selfish dictator trying all means to remain in power.

2. There is no basis to extend jammeh's tenure. The national assembly is still fully function and as such the call for an extension is ridiculous

3. Kindly name the election that buhari lost for which he refused to handover

Op pls stop spreading lies
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by PHIPEX(m): 7:40pm On Jan 18, 2017
obayaya:
I don't care what happens to Jammeh.. I honestly don't care..

But the OP presented the constitution. And Jammeh is taking advantage of that constitution. He got the approval of the parliament (representative of Gambia people).

So, Tell me.. If Ecowas go in blazing tomorrow, will they be seen to be protecting the Gambian people or constitution when they are in fact disregarding the constitution and the Gambian people represented by the Parliament?

I think Ecowas needs to rethink their strategy.. Force won't cut it.
Every constitution of every country has a Lacuna that can be manipulated to extend an incumbent's tenure but the difference between the letters and the spirit of the law makes the interpretation of same constitution different. It'll be an injustice against the people of Gambia if this man is allowed to manipulate his way.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Bibors(m): 7:43pm On Jan 18, 2017
seunmsg:
NNS unity is not currently within the territorial waters of Gambia so, your argument is flawed. Whatever the case, ECOWAS forces will move into Gambia anytime from tomorrow and Jammeh will be removed. We have gone beyond the stage of legal jargons. Jammeh either hands over peacefully tomorrow or get the Gbagbo treatment.
I can't understand why this is personal to you, the argument is about what was found in Gambia's constitution which makes it legal for him to remain in office for another 90 days.
The OP even gave you a copy of the Gambia's constitution to dispute his claims and you are personal by saying " We have gone beyond the stage of legal jargons. "

Na waa ooo and you guys call people wailers?
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by exlinkleads(f): 7:46pm On Jan 18, 2017
cowards
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by inalegwu99(m): 7:48pm On Jan 18, 2017
This is one of the most useless and miopic post i have seen for a very long time. Don't know why some unpatroitic miscreants in the name of wailers have decided to hate anything Buhari is involved in...

So sudenly the op now realise that Nigeria don't need to play big brother role and save her money for books in the library,roads and pipe born water..
The reason why this country can not move foward is because of youths like Ochejoseph. Some Nigerians will never move on after an election.. I see the bias and analysis in his post. Very naive and silly..

My dear, Buhari is the chairman of the mediation commitee and he shall perfom his role to the fullest. Ecowas shall not allow only one man hold a whole Gambia to ransom becaus of his selfish desires. Come rain come shine, Justice shall prevail at the Gambia.

Please i advise next time you come out with something better.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by brightalo17: 7:51pm On Jan 18, 2017
Op why is Jammeh calling for state of emergency huh

Op reading the Bible or Quaran is one thing understanding and applying it is another thing.

if he really love his country he should at least step aside for peace to reign.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Nobody:
greenpasture:
It's on BBC, Senegalese troops are already massed on the border. This time tomorrow "ill equipped" Nigerian troops who have already jammed all radio stations in Gambia and taken control of the air over Gambia will be on the Banjul streets.

Sit there carping.
grin grin grin grin Really so that makes their armies less ill equiped.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Doyin2(m):
The OP probably has comprehension problem.


The Gambian constitution does not give the president the power to declare a state of emergency to stop the inauguration of a president-elect.

Section 49 sub section 6 of the Gambian Constitution reads:

(6) On a second ballot, the candidate, who receives the highest
number of votes shall be declared to have been duly elected
President.

Challenge to 49. Any registered political party which has participated in the
election of a President Presidential election or an independent candidate who has
participated in such an election may apply to the Supreme Court to
determine the validity of the election of a President by filling a
petition within ten days of the declaration of the result of the election.



Tenure of office 63 (1) The term of office of an elected President
Of President shall, subject to subsection (3) and (6), be
for a term of five years; and the person
elected President shall before assuming
office take the prescribed oaths.

6 of 2001 (2)

The person elected President shall assume
office sixty days following the day of his or
her election
, and in any case where the
candidature of a person contesting the
election is unopposed, such candidate shall
be declared unopposed and elected to the
office of the President on the day following
the making of such declaration.


Therefore in the event of his inability to challenge the result of the election,the president-elect has the constitutional right to be sworn in as president on the date specified in the constitution.


Op,Buhari has not refused the Gambian president,the right not to concede and to go to court,but the right to go to court does not constitutionally block the right of the president elect not to be sworn in.

The constitution of Gambia or any existing court order,did not suspend inauguration of the president elect.The court process can still continue after inauguration of the president -elect.

You have mischievously cited the case of Buhari.

Was Buhari ever in a position of incumbent president,to stop the inauguration of his various opponents ?

Please delete your trash!
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by hero2000: 7:53pm On Jan 18, 2017
PHIPEX:
Every constitution of every country has a Lacuna that can be manipulated to extend an incumbent's tenure but the difference between the letters and the spirit of the law makes the interpretation of same constitution different. It'll be an injustice against the people of Gambia if this man is allowed to manipulate his way.
I really like your views about the letter and spirit of the constitution. Jammeh is just seeking a legal technicality to thread the will of the people, fairness and justice underfoot. He is a goner!
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by inalegwu99(m): 7:54pm On Jan 18, 2017
This is one of the most useless and miopic post i have seen for a very long time. Don't know why some unpatroitic miscreants in the name of wailers have decided to hate anything Buhari is involved in...

So sudenly the op now realise that Nigeria don't need to play big brother role and save her money for books in the library,roads and pipe born water..
The reason why this country can not move foward is because of youths like Ochejoseph. Some Nigerians will never move on after an election.. I see the bias and analysis in his post. Very naive and silly..

My dear, Buhari is the chairman of the mediation commitee and he shall perfom his role to the fullest. Ecowas shall not allow only one man hold a whole Gambia to ransom becaus of his selfish desires. Come rain come shine, Justice shall prevail at the Gambia.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Nobody: 7:55pm On Jan 18, 2017
48noble:
the straw he pulled from his National Assembly hat have put every hasty act by ECOWAS in a precarious situation... #an aggression against d sovereignty of Gambia. PMB is putting more explosives on d 2019 keg of gun powder...
Oh please!
He has international law on his side. Both the AU and the UN have ratified th ECOWAS response. What sovereignty? The sovereignty of states is not unlimited. It's comments like yours that allowed the genocide in Rwanda. Domestic law is subject to the norms of international law.

PMB has acted decisively. I am proud of our armed forces ability to organize and launch out within such a short time frame. I lived in Gambia for a while and my friends there say people really appreciate ecowas and Nigeria in particular. We have two banks and many citizens there and we have acted only within the ambit of delegated international authority.

To hold otherwise is to hold that a state can do whatever it likes to its people an the foreigners within its land mass on the ground of " sovereignity"
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by redcliff: 8:01pm On Jan 18, 2017
twosquare:
You will see...even foreign powers dey beg am...do not think they are not interested...and don't think it is only ECOWAS that made the decision. Jammeh is a goner but if you're right, I will quote you again.
Lol. Wetin dey gambia wey foreign powers dey interested in. You would be shocked. Lol.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by ndcide(m): 8:04pm On Jan 18, 2017
So shameful that Nigerians will take this issue so personal.

It's a game and everyone is playing his card. No one is even ready to hear the president of Gambia out simply because of their sentiments. That is not right.

Secondly, Nigerians are so used to rigging elections first and then buy the courts. This has shown that it can backfire. The idea of suspending judicial intervention on this issue, especially when we know that it was the easiest way out, was just to manipulate the president out of power.

In the game of manipulation there are no ethics. Should there be no constitution breach, Ecowas will be overstepping there boundary by sending military to the country. The president can even pull out of Ecowas.

Also, the president can declare a state of emergency in his country if he senses external military invasion. Considering that foreign war ships are around their bother, he still at this point can lead his country to war and defend it. Besides who says the sovereignty of Gambia is not being challenged by Ecowas as it stands.

Ecowas can do it better than using force or any form of manipulation.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by baby124: 8:04pm On Jan 18, 2017
But there was a legally conducted election in which he lost. The voice of the people should be enough. The parliament no matter what amendment cannot be said to be independent. If Jammeh has made threats then it could be viewed as the parliament making these changes because of a threat to their life. Jammeh must go! Enough of sit tight governments in Africa. That parliamentary change is against the voice of the people of Gambia and that in and of itself makes it illegal. If the Gambian people wanted him they would have voted for him. What they have done my extending his government even for a day is illegal. There is no basis for it. There is no crises in Gambia to warrant that. The only crises is the fact that Jammeh refuses to step down for the rightful president. How can the cause of a crises now become a beneficiary of the said crises. If they want to extend his tenure or give him time then a caretaker government should be appointed. Not Jammeh the cause of the problem.

If Buhari does not fight this now, Africa will never be free from such criminals. Criminals like Jammeh are watching this event very closely. Jammeh must be forced to step down.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by zurumking(m): 8:11pm On Jan 18, 2017
Thanks bro for the enlightenment
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Nobody: 8:13pm On Jan 18, 2017
1stCitizen:
grin grin grin grin Really
Nigeria has never deployed troops to stand them down. Never happened, never will. They will finish what they start and Gambia will be free to have a country where opposition can fully express itself.

Congo, Sierra Leone, Liberia, Sao Tome and now Gambia.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by seunmsg(m): 8:19pm On Jan 18, 2017
Bibors:
[b]
I can't understand why this is personal to you, [/b]the argument is about what was found in Gambia's constitution which makes it legal for him to remain in office for another 90 days.
The OP even gave you a copy of the Gambia's constitution to dispute his claims and you are personal by saying " We have gone beyond the stage of legal jargons. "

Na waa ooo and you guys call people wailers?
I am a lover of peace and I want peace to reign in Gambia. Anybody telling Jammeh to hold on and refuse to handover under any legal jargons at this point in time is an enemy of peace. Election was conducted and a winner emerged. The only path to peace is for all parties to respect the decision of the Gambian people until the supreme court rules otherwise.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Etogist: 8:24pm On Jan 18, 2017
wirinet:
I stopped taken you serious after reading the following statement;


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 2003 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.
This long epistle was just to defend an incompetent president that committed treason by overthrowing a democratically elected government. What a shame.
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by Nobody: 8:27pm On Jan 18, 2017
Guy leave Buhari alone. Men like u are only good at complicating matters without valuable logic.

Election was held in Gambia and since he accepted defeat he should Bleep off. Gambia is not his birth right. He's been there for d past 22 years. If Buhari who has the credibility to be your president cannot intervene in Gambia, u Mr credibility can help us go there to save innocent lives




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![/quote]
Re: Jammeh Tenure Extension : What I Found Inside The Gambian Constitution by fortress100(m): 8:32pm On Jan 18, 2017
they will soon bomb another IDP camp. Foolish good for nothing slowpoke, and assassins.
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