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REALITY CHECK : The Immunity Clause In The 1997 Constitution For The Ex-President Can Be Amended By Barrow But It CANNOT Be Retroactive!!!


90% of the results of the Janneh Commission will face and probably fail legal challenge and scrutiny at the Appeals Court. The Janneh Commission of Inquiry became a parody as Counsel Bensouda adopted the style of the Kangaroo Alghali Commission with then Counsel Samuel Tetteh Letsu.

Counsel Letsu and the late then Chairman Alghali enjoyed ridiculing and embarrassing witnesses to the delight of the mob baying for the figurative blood and the AFPRC the boys who had the proceedings videotaped for their viewing pleasure.

It was ironic to bring the renowned corrupt Judges from Sierra Leone and Ghana which invented Kalabulay before passing the corruption gold standard to Nigeria and it took an enormous degree of ignorance and self-hate to have those sharks sit in judgement of Gambians… Hypocrisy at its highest level.

Then there was Play or Pay and those who paid them off got off nicely while those that did not play, Paid dearly including my late father. After destroying Gambians and Gambian businesses, through the then Finance Minister Dominic Mendy, the Lebanese businesses had their sittings in camera as it was ” bad for the confidence of the business partners”.

The demise of Gambian businesses including S Madi Gambia Ltd left The Gambia at the mercy of Lebanese and newcomers from India etc or even Sierra Leone and new arriviste associates of the late Baba Jobe now being ignobly paraded.

Counsel Bensouda like Samuel Letsu rather a legal and fact-finding inquiry has turned it into face pulling and such gestures while one particular Commission member is the smart alec. The Gambia lost a good opportunity to take collective stock and corrective measures.

Considering the immunity clause for the ex-President in the 1997 Constitution which I doubt Pres Barrow will amend, and even if amended, it cannot be retroactive, so one wonders how ex-President Jammeh can be legally and constitutionally be brought to court.

And then one concludes this is most probably a political exercise especially given that both Chairman Janneh and Counsel Bensouda are appealing findings against them from the Singhateh Tax Evasion Commission and add to that the fact that Counsel Bensouda was legal for some transactions cited by the Commission including the sale of Kairaba Hotel and transactions between SSHFC and NAWEC.

Almighty God Says that hypocrisy is what He Detests most and too much hypocrisy…
The late Rev Ian Roach then chairman of The Gambia High School Board at a famous Speech and Prize-giving Day in 1982 or 83 when then Justice Minister Fafa Mbye had an Asset Evaluation Commission told Sir Dawda and his cabinet ministers in attendance “are your hands clean”.  A judge’s hands must be clean.

Until then.. those who refuse to learn from history shall relive it once more… Commission 3.0 awaits. In 1994 the scandal was an allegation of 27 landed properties for the then Local Government and Lands Minister Yaya Ceesay, and in 2017, it is the 186 landed properties for Babili… ..27 to 186.

God Forbid Jii Soumaya Mansa and his team keep up that progression.. then the regrettable Faraba Banta will be a Sunday picnic. He who has ears let him listen.

Just saying.. how ironic life is when victims like Jews from the European holocaust become the perpetrators on hapless Palestinians today…
Section 69 of the 1997 Constitution, in particular, Sub Section 3 Immunity 69. (1) Except as provided in subsection (2), no civil or criminal from civil proceedings shall be instituted or continued against any and criminal proceedings person while holding or performing the functions of the office of President in respect of anything done or omitted to be done by him or her whether in an official or a private capacity.

(2) Nothing in subsection (1) applies to an action for a declaration under section 5 (enforcement of the Constitution), and any proceedings under that section against the President or a person performing the functions of that office shall be brought against him or her by his or her official title or style, and he or she shall appear, and be represented by, the Attorney General.

(3) After a President has vacated the office or President- (a) no court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as President; (b) a criminal court shall only have jurisdiction to entertain proceedings against him or her in respect of acts or omissions alleged to have been perpetrated by him or her while holding office as President if the National Assembly has resolved on a motion supported by not less than two-thirds of all the members that such proceedings are justified in the public interest.

Authored By

Pa Musa Jallow

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