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Nyarikangbanna
United Kingdom
1382 Posts |
 Posted - 22 Nov 2010 : 17:27:12
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Sunday, 21 November 2010 19:48
APA - The leader of the Gambia’s main opposition United Democratic Party and the second most senior member of the Gambia Bar Association, Lawyer Ousainou Darboe, on Sunday in Banjul faulted the recent amendment to the Drug Control Act which imposes a death penalty on any person found in possession of 250kg of heroine or cocaine.
Darboe made this statement in an interview with APA barely a week after the Gambian Minister of Justice, Edward Anthony Gomez, told human right defenders in Banjul that his government will not hesitate to apply the death penalty on any person found guilty of trafficking in hard drugs.
"The law is unconstitutional and the National Assembly should take concrete steps to repeal it. If the President has not assented to it, let him not do so otherwise it is going to expose the government and the National Assembly as people who do not understand the law they rely on for the governance of this country," he pointed out.
Lawyer Darboe said the recent amendment to the Drug Control Act which provides that any person found in possession of 250 kg of cocaine or heroine shall on conviction be sentenced to death is not in line with section 15 of the Constitution of The Gambia.
He added that what section 15 of the Constitution states is that a sentence of death shall be pronounced on a person convicted of murder which involves violence or where the death results from the application of toxic substance.
He indicated that the new law and the Constitution are diametrically opposed to each other."I am suprise that the National Assembly which has at its service a number of competent and qualified lawyers could enact such a legislation," he remarked.
Lawyer Darboe added that the "National Assembly should have read the Constitutional Provision which states that within ten years of the coming in to force of this Constitution, the National Assembly should look at the desirability of maintaining the death penalty".
The politician cum lawyer averred that the Gambia should not be used as a transit point for drug trafficking, and as such stiff laws are needed to combat the menace.He was however quick to point out that laws that are not in line with the Constitution of the country should not be supported by anyone.
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 23 Nov 2010 18:54:54 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 22 Nov 2010 : 17:29:23
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Under Section 4, any law that is inconsistent with the Constitution is void to the extend of the inconsistency. This is what Section 4 states;
‘‘This constitution is the supreme law of the Gambia and any law found to be inconsistent with any provision of this constitution shall, to the extent of the inconsistency, be void.’’
Regards |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 22 Nov 2010 17:37:56 |
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kobo
United Kingdom
7765 Posts |
Posted - 25 Nov 2010 : 10:40:21
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Nyarikangbanna did you missed or ignore this Foroyaa online news EDITORIAL, published 08-10-10; FOROYAA Online - NATIONAL ASSEMBLY SHOULD RESPECT THE CONSTITUTION Death Penalty for Drugs is Unconstitutional under http://www.foroyaa.gm/modules/news/article.php?storyid=5445
Having reviewed relevant sections stated, it appears that an error occurred on the APA news forwarded; by referring to "SECTION 15" INSTEAD OF "SECTION 18". Please refer on APA news for following quotations; "Lawyer Darboe said the recent amendment to the Drug Control Act which provides that any person found in possession of 250 kg of cocaine or heroine shall on conviction be sentenced to death is not in line with section 15 of the Constitution of The Gambia.
He added that what section 15 of the Constitution states is that a sentence of death shall be pronounced on a person convicted of murder which involves violence or where the death results from the application of toxic substance.
To convict a person of murder Foroyaa referred to relevant "SECTION 18" - Protection of life under Gambia Constitution.
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Edited by - kobo on 25 Nov 2010 18:36:21 |
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