Gambia Opinion: Reason Why Lawyer Darboe Is NOT Qualified As Vice President

By: Flex Dan,

I think we are missing the point here.

What is the Justice Minister doing?

Besides focusing on Darboe alone how about the Justice Minister.

👈 On one hand turned down Darboe and co’s legitimate case and upheld that the Public Order Act was constitutional thereby upholding Darboe and Co conviction and then,

👉 On the other hand, ignores that conviction in stating that Darboe’s tenure for VP is constitutional. I feel he made a hash of it on this big time. 

Darboe and co should have won that case and the unconstitutional sections of the Public Order Act reviewed. Then their criminal records should also be clean and allow Darboe to take up the office. I feel there is a huge opportunity missed here to implement the system change everyone is yearning for. Very unfortunate.

COMMENTS
Lamin Jaiteh The Dabor so called protest is a legitimate one and if it broken any laws , is those laws to check at before targeting the Dabor..it should be people’s rights to demonstrate at lawlessness in the government. …
Gaye Sowe Flex Dan, the Ministry of Justice is different from the Judiciary. They belong to two separate arms of government. While the former is part of the Executive, the latter is an independent organ of government. The Ministry of Justice doesn’t preside over/decide cases but submit cases (like anyone of us) to the Judiciary for determination.
Flex Dan Will the Justice Minister be consulted on such a high profile case? Thanks for the correction there. Madi Jobarteh also made a similar comment.

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I’m just totally bewildered because the Justice system is surprising me on straight forward things. ECOWAS already ruled on the sedition laws and they still didn’t go ahead with removing it all. They had to make the President an exception.

Gaye Sowe No way! Just like any other litigant, the Ministry would present/defend its case and then wait (like any of us) for the courts to decide. That’s why we talk about the independence of the Judiciary.

Gaye Sowe The ruling on the Public Order Act was from the Supreme Court (part of the Judiciary), not the Justice Ministry. The Ministry doesn’t have judicial powers

Flex Dan The same Supreme Court presided over the sedition and libel cases?

Tijan Masanneh Ceesay Gaye Sowe I think Flex is saying the AG Chambers as Counsel for Government should have challenged the court ruling. Would that be in order?

Gaye Sowe Tijan Masanneh Ceesaythe decisions of the court are final. You can only apply for a a review of its decisions. I thought there were reports that the Ministry favored a settlement of the matter out of court but the plaintiff (s?) insisted on the court ruling on the matter

Tijan Masanneh Ceesay Gaye Sowe I gotta ask more questions since this is your area and I can learn a lot from you. Now, is it possible to appeal the ruling at the highest court of the land?.

Gaye Sowe Nope! You can only apply for a review. Only other option would be to opt for regional/international litigation or advoacy. That would mean arguing a local law or a decision from a domestic court violates our regional/international obligations. That’s where the ECOWAS court, African Commission and the UN Human Rights Committee etc would come in.

Gaye Sowe Should have stated that the Supreme Court which presided over the cases you and Flex referred to is the highest court and its decisions are final.

Flex Dan Yeah I thought that was straightforward and the sections in the Public Order Act which pretty much empowers officers to disrupt a peaceful protest. It’s baffling.

Flex Dan Gambia is still a signatory to many of these other international laws but we never did a review of our laws to ensure that we are in compliance. I believe if we have a new constitution which is compliance with the laws we are signatory to then we will have a good constitution in The Gambia.

Gaye Sowe We tried with the Women’s Act and the Children’s Act but I agree we still have loads of gaps. I hope you et al will contribute to discussions on the new constitution

 

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Flex Dan You mean continue to contribute.. Yes I will be pleased to send you and the Commission some contributions. In what format do you prefer them?

Gaye Sowe Contribute cos the process hasn’t started yet! You and all Gambians would be informed about the format very soon

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