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kayjatta
2978 Posts |
Posted - 11 Aug 2009 : 10:00:58
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Welcome back Moe. I was pleased when I saw your congratulatory message on the (Oprah's) O magazine some days ago ... |
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Moe
USA
2326 Posts |
Posted - 11 Aug 2009 : 10:03:13
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Glad to be back Kay, another season of wwf, I have a feeling that it's gonna be raining hard on the Bantaba ...........................................peace
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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shaka
996 Posts |
Posted - 11 Aug 2009 : 23:18:23
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After spending all that time with Gadafi, The Sheikh and a satala it is predictable you will come back hot. Gadafi is a terrible influence Moe. We know the agenda. Fcuk the imperialist West for poking their filthy noses in our business. The six innocent journalists are just pawns in that 'war.' Unfortunately for Gambians Gadafi has oil to wield influence in the diplomatic arena, what has the Sheikh got? By the way the Mullah badly needs his satala. He is suffering serious bouts of withdrawal symptoms. What are you going to do about it? |
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Moe
USA
2326 Posts |
Posted - 12 Aug 2009 : 08:15:25
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Mullah Omar, ain't gonna get his satala back, I decided to hold on to it till he sobers up ,unfortunately he has turned to a permanent drunk alcohol or no alcohol. Gadafi and Jammeh ain't got my time ,they were busy "Heeming first second and third " over and over again. Gadafi brought "Mbass" and Jammeh had gun powder so he had a lot to say about Gun powder vs Mbass.You know them Narr boys love attaya .Let me reminisce for a second here back in the day in tobacco road i knew this guy that took the back roads trying to go to spain Via Mauritania ,Morrocco and then spain, He said on there way thru the sahara desert the "Amett" heeemed all the way to mauritania on top of the camel They are both revolutionaries one would expect they will be friends , Gadafi turned a desert green over night and so is Jammeh , They better be partners in development.
On another note this is what our good ole brother Samsudeen Sarr has to say about the whole issue. He actually decided to act like a grown man http://www.thegambiaecho.com/Homepage/tabid/36/articleType/ArticleView/articleId/1602/Default.asp ..............................Peace |
I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 12 Aug 2009 09:40:54 |
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sankalanka
270 Posts |
Posted - 12 Aug 2009 : 11:04:05
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Moe, I have been reading you, and it is nice to bring a different perspective to our discourse on politics in the Gambia. This is how it is supposed to be. We are all bringing a different outlook; our different allegiances and loyalties to our different interest persuasions, and it is just natural that we hold different viewpoints, and subscribe to different interpretations of the set of realities that we are dealing with.
But one thing that has been fundamental, is the bond that held us together as a nation; the bond, inspite of our different political allegiances, our different ethnic and cultural backgrounds, our diffrent belief systems, makes it possible that we share a common destiny and a common history, and a claim to a geographic location that we can all proudly call home. This is our starting point. And this is our constitution.
The princple of governance should be very simple: Respect the law and Equality before the law. The reason why the law is the preeminent arbiter between people within the nation-state, and between people with the nation-state, is the fundamental obligation that has been bestowed upon the law as the citadel, and the bedrock of what should be considered as just and fair, in the prosecution of the daily activities of the citizens among themselves; and of the citizens with the state apparatus of governance.
Fairness and Justice, therefore, are fundamental principles of the law, and should be the corner stone in all the pillars that constitute the admistration of justice, and the formulation of laws that are reasonably justifiable in a democratic dispensation.
The argument then arises: are our laws fair? Are they reasonably justifiably in a democratic dispensation? And I think we have the right, and every sovereign citizen does, to question the partially or impartially of the law, and the abrogation of any its provisions that violates the fundamental rights of its citizens in their pursuit of life, liberty and happiness.
The quarrel among ourselves reagrding these issues, given the right political atmosphere and temparement, should not have been difficult to resolve; we can institute mechanisms and structures that allow for a civil and vigorous debate, with the objective of having laws that are neither injurious to the individual or the state, and allow for the free expression of ideas, speech and belief. This could be done; we only need the right political climate, and the state must be open to challenge from its citizens, and seize it as an opportunity to challenge itself to enact the best laws, and to provide the best governance atmosphere,in which every citizen can excel and live a prosperous and dignified life.
Rene
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kayjatta
2978 Posts |
Posted - 12 Aug 2009 : 11:31:27
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Moe, I do have a big issue with Sam's article. It does not make sense at all. I have just read it on the ECHO; I will post a detail response to it soon. People like Mandela, Lumumba, Aun Sung Su Ki (I hope I spelled the name right) will feel greatly insulted by Sam Sarr's perspective. Tell Sam that he can't get a job at the Gambian Embassy in Washington, please |
Edited by - kayjatta on 12 Aug 2009 11:32:48 |
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Moe
USA
2326 Posts |
Posted - 13 Aug 2009 : 09:13:59
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LOL ,trust me i have my reservations too but if i open my dirty mouth everyone shuts up or runs for dear life , so i guess i will give them the chance to say what they think first,either or i will .Looking forward to your reply..............................................Peace |
I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 13 Aug 2009 09:16:20 |
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Moe
USA
2326 Posts |
Posted - 13 Aug 2009 : 09:22:47
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I owe you a proper reply Sankalanka that was well said !! ,we all follow each others postings around here ,We call it the University of Bantaba everyday something new to decipher.oh yeah we fight a lot too.LOL
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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kayjatta
2978 Posts |
Posted - 14 Aug 2009 : 09:06:21
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MY DISSENT TO SAMSUDEEN SARR’S THEORY OF ‘SABARRY’:
KAYJATTA
I have to say upfront that a good part of Mr. Sarr’s paper is irrelevant to the issue of the trial and incarceration of the GPU-6. Nonetheless, I will try to address only what broadly concerns the trial and incarceration of the journalists and the implications of that injustice: Sam’s theory that Gambians who are being (unjustly) persecuted by their government should, instead of organized democratic resistance, scuttle on their knees and beg for mercy and forgiveness is the ultimate insult to all freedom-loving people around the world. It amounts to a great insult to the likes of Mandela, Lumumba, Aung San Suu Kyi , and others around the world who willingly have and continue to endure enormous hardship in defense of their legitimate convictions so others can enjoy freedom and liberty. Sam’s believe that the six journalists would be found guilty by the Fagbenle Court was shared by many Gambians. But that itself is the problem in the Gambia. The fact that a lay person (in the law) can accurately predict the outcome of a (complicated) sedition and defamation case underscored the lack of rule of law in the Gambia. Sam suggests that after fifteen years, all Gambians should know that Jammeh is the “Alpha and the Omega” with a popularity that rivals Obama’s. I am particularly stunned by this undemocratic language. After serving in the military for so long, being in and out of jail, and having narrowly escaped from the claws of the Leviathan with his life intact, I am stunned that Sam did not realize that Jammeh’s power rests in the hands of a few military officers who are fattened at the expense of the ordinary Gambians. Jammeh is no “Alpha and Omega”, and he is no modern Prometheus. Jammeh simply stole power from the Gambian people and placed it straight in the hands of a few army officers and civilian cronies whose loyalty he buys with cash, outrageous promotions, and other favors. I would challenge Sam to provide evidence of “Jammeh’s popularity that surges exponentially” in numbers… Jammeh’s rule, if anything has witnessed growing unpopularity and voter apathy in the Gambia. Recently Jammeh was at the risk of not able to maintain a decisive lead in the polls, therefore prompting him to change the criterion of winning persidential elections from majority to plurality of votes… I think Sam is also talking about the recent demonstration by some “Gambians from the Diaspora” led by the fellow from U.K., as well as the prayer that was led by the Supreme Islamic Council (SIC) shortly before the 15th July 22 anniversary. Those are not signs of solidarity and political support. Those can instead be the hallmarks of dictatorships. Dictators of all shades and colors have often orchestrated such gatherings of people. Also no diplomat sees those ‘politics of patronage’ as genuine support. The genuine support of the people is measured in a free and fair election where people enjoy unfettered freedoms and liberties. Jammeh’s claim that he has the cure for HIV AIDS is unsubstantiated. His treatment regimen is a disaster-of deaths and expulsions. Okay that is probably too harsh. Let’s put it this way. It is a mixed bag of some proclaimed cures, deaths and expulsions. Dr. Mbowe who shed off all his medical credentials and ethics to become a snake oil salesman for Jammeh is an epitome of absolute sycophancy in the Gambia. But understandably, Dr. Mbowe and many others in the Gambia have come to decide that there job and their salary is more important than any professional principles or ethics. Thay are simply flowing with the system... The decision of the Obama administration not to release certain information about the Bush era national security policies and actions is not an analogy to the case of the incarcerated journalists in the Gambia. What the GPU- 6 is facing in the Gambia is not a national security matter; rather it is a matter of free speech or censorship; liberty or repression. Sedition and defamation laws as applied in the Gambia, albeit erroneously, are archaic and have no place in a modern democracy. Criminalizing speech is what threatens national security; free speech improves dialogue and the maintenance of peace and stability. Sam also said that jammeh realized “…that his control of the judiciary was slipping away”. You see this is what distinguishes a dictatorship from a democracy. Jammeh was not supposed to control the judiciary in the first place. The judiciary is supposed to be an independent branch of government, and its independence is guaranteed by the Gambia’s constitution. It appears clear to me that Sam is thinking more like Jammeh, and the theory of “sabarry” he espouses is an attempt to perpetrate a dictatorship in the Gambia. The appointment of Neneh M. Gaye that Sam linked to the initial prosecution of Pape Saine cannot be considered a national security matter either. What has that got to do with national security? Of course “once a soldier, always a soldier”, it is often said. Sam, like Jammeh, is thinking like a soldier without political education operating in a garrison state where everything is a sensitive national security matter. Jammeh’s purging of the judiciary and the legislature (the National Assembly) without cause (that Sam mentioned), and appointing mercenary judges from Nigeria is the ultimate showcase of his blatant abuse of executive power. That act is a further testimony to the lack of rule of law in the Gambia. Sam argued that Jammeh is justified in appointing Nigerian mercenary judges because “it was exactly like that during the PPP era”. This is a fallacy. It is a fallacy of straight line thinking; that if something exist in the past, then it should or can continue today. Jammeh’s decoration of Pape Saine with a ‘National Honor Award’ cannot be considered a show of love and appreciation of Mr. Saine and his work. It was simply an attempt at silencing him, after the murder of his more critical colleague. I guess it is called “the carrot and the stick”. Kill Deyda, and decorate Pape to silence dissent; and everybody will be happy… Samsudeen Sarr , argued that “…commenting on the remarks made by Jammeh on Deyda’s death was analogous to swallowing the bait…”. This sounds ridiculous to me. As far as I know Pape Saine and the rest of the GPU-6 were not prosecuted for “commenting” on Jammeh’s remarks about Deyda’s death. Pape Saine was prosecuted because his paper, The Point, published the GPU president’s response to Jammeh’s remarks about the murder of Mr. Hydara (Deyda). Besides what’s wrong about commenting? Sam, by his argument, implied that the attorneys for the six journalists should have dismissed them by telling them that their cases were “unwinnable”. I think it would be legitimate for the attorneys of the defendants to enter into any settlement negotiations with the prosecution, but to dismiss their clients on the pretext that the case is “unwinnable” even though the law is on their (the defendants’) side is prejudicial and unethical. No serious attorney will do that. The Nigerian judges may not be neutral (they are actually in favor of the prosecution) but the law was in favor of the defense. The motion for the removal of Justice Wowo who initially presided over the case was made in recognition of this. Sam also took issue with the defendants’ plea for mercy after their conviction. The plea for mitigation is a part of the court procedure. It is a plea to the court and the judge, not to the President. Even after conviction, defendants and their attorneys are expected to show respect to the court and the judge. A plea for mercy is part of that respect also. But Sam Sarr , the editor of FORYAA and one of the convicted journalists told the judge/court to do whatever it deems necessary… To conclude, Samsudeen Sarr’s theory of “sabarry” to Jammeh underlies the definition of a coward. Mandela, Lumumba, Aung San Suu Kyi, and many others around the world will be greatly insulted and trivialized by Sarr’s argument. I personally think Gambians should all match to prison with these journalists and see if Jammeh and his military henchmen can rule the country by themselves. Maybe samsudeen Sarr is ready to take up a job with the Leviathan again. Gambians should be willing to go to jail in defense of their freedoms. Going to jail for noble and internationally recognized principles and convictions is righteous and heroic… The Gambia’s central prison, Mile Two, may succeed in breaking the will of Samsudeen Sarr, but it will never succeed in breaking the will of the just and the righteous. Mile Two will never succeed in breaking the will power, determination, and the resolve of the FOROYAA editor, Samuel Ossey Sarr. Robyn Island, for a quarter century, could not break Nelson Mandela… If anybody will mediate the release of the jailed journalists, it must be done in recognition that the Jammeh government is wrong and there is no point in what they are doing to freedom of speech and of the press. Failure to do that will only result in the temporary release of the jailed, because as journalists, as Gambian people; we refuse to beg Jammeh to “sabarry”. To call for “sabarry” at this time amounts to declaring victory for evil and wrong over righteousness… Thank you.
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Edited by - kayjatta on 14 Aug 2009 09:17:18 |
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Moe
USA
2326 Posts |
Posted - 15 Aug 2009 : 08:14:51
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Sankalanka I must apologize for the delay in replying to your thought provoking piece. This is exactly what we need people of your calibre with a clear understanding of the law and how a political dispensation is supposed to operate.Mansa i think I got your question earlier Covered also.
First and foremost lets all get this clear and in the process inform the misinformed. A man can resort to desperate measures which could be detrimental to a society. As a young man growing up i was told that "GEE-KO Bu BONN come JAFF" bad Habits are like Pubic hairs ,no mattter how many times you shave ,it is surely bound to grow back and thats my issue with Gambia online they are LIARS.
The courts in any Jurisdiction gets to determine what the constitution means there fore it is very imperative to understand the process from this point. No questions asked the convicted journalists fell under the radar of a law that is very unfair and somewhat unconstitutional yet it is a law meant to govern us. The fact is the courts get to decide what the law means, and am pretty sure the Gambian constitution also guarantee's free speech ,this case is the first of it's kind in Gambia and unlike the cyber Embicels ,this is all based on facts and the journalist, if am right are challenging the constitutionality of the law.
If you ask me ,the law is repugnant and is subjected to a judicial review,simply because the same constitution is failing to guarantee freedom of speech at the expense of sedition laws where applicable as in the case of the 6 journalist. The cyber terrorist on the other hand fall under another category ,this must be noted.
They say our laws are directly derived from British laws and in 1610 Sir Edward coke of England's court of common Pleas stated that When an act of parliament is against common right and reason ,or impossible to be performed ,the common law will control it and adjudge such act as Void .
To hell with what any Judge thinks or wants to do or thinks is right ,the constitution supersedes any act or state law. If it impedes with the constitution it has to be void!!!. This is general knowledge and this is how they have ended up turning themselves into a spectacle for the world to see. It will be foolish and i mean totally foolish to make them serve time for this when it clearly tramples on their individual rights which is clearly stipulated in the constitution. The fact is if the courts don't have the power for a judicial review on cases the protection of fundamental rights included in the constitution would amount to Zilch!!.
All am trying to say is this ,the court should be able to over turn laws that are unconstitutional. Jammeh is the keeper of our constitution so only history will tell which role he will play in ensuring that the constitution is the supreme law of the land. Samsudeen Sarr was right when he said he knew what the outcome was going to be from the start of the case , any one with a background in politics would have known that ,but is the law constitutional? Sorry to say but i don't think so.
With any written document it should be subjected to reviews and it's constitutionality ,only the courts can get to decide what is and is not constitutional since no two cases are ever the same, This is one major blunder that needs to be fixed because it's simply violates their rights to FREEDOM OF SPEECH!!!!!!!!!
This is a very ripe dispute as to the constitutionality of the law, thus the parties involved should seek a review as to it's constitutionality. I promise ya this is an invalid law and as much as it hurts Jamme's reputation ,he needs to reconsider and tender mercy and in the process void the law.
The highest court in Gambia outta be able to declare if laws passed by parliament or acts are constitutional and if not they should all be voided ,We need a document that cannot be contested in any way, that gaurantees us freedom and liberty no questions asked.
Like i said this will be a true litmus test of what direction the new Gambia wants to go. I promise ya ONLY HISTORY WILL JUDGE WHAT I HAVE TO SAY RIGHT NOW.................................................Peace
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 15 Aug 2009 08:43:51 |
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Moe
USA
2326 Posts |
Posted - 17 Aug 2009 : 09:58:58
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Kay ,will catch up with you tommorow. Didnt forget about the posting.........................Peace
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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sankalanka
270 Posts |
Posted - 19 Aug 2009 : 23:34:42
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Moe, Thanks for your response. I was away over the weekened, and had very limited access to the internet; so please excuse my delay in replying to your post. I have read your reply to my post, and frankly, I couldn't find any point where we can disagree. So what we ought to do, is to amplify our points of resolution and make it even more clearer.
The evolution of the nation-state is a deliberate process; it takes into account our diverse interest persuasions. It also takes into account our different beliefs, ethnic and cultural backgrounds with a view to create harmony where there is disharmony, and reason where there is choas. It thus remove people from that state of nature where might is right and only the fittest survive. The law of the jungle. And, subject them to a form of constitutional arrangement, that establish a basis upon which rights and obligations are defined, and duties and responsibilties are assigned; as well as the manner of governance. Thus a constitution becomes the supreme law of the land.
However, a constitution is just a statement of principles; the good intentions that bind the longings, the need and aspirations of a people to life, liberty and the pursuit of happiness. It can therefore be compromised to infringe upon the inherent and inalienable rights of the individual, and it can also be strengthened to promote the dignity and liberty of the individual.
The abrogation of the inherent and inalenable rights of the individual is what give impetus for the struggle to liberate the human spirit from subjuagtion and domination. This is the bane of contention in the political crises that we face in our time. Individuals want to expand their liberty while governments want to curtail such liberties.
The question therefore becomes: how can we create institutions and structures that evolve a true democractic culture; and how can we create a society that guides the development of a national character whose primary objective is to make good laws as well as be govern by the rules of law?
The types of governments we have in most places today in Africa are dictatorships and self-perpetuating. They are entrenched, making it very difficult for power to become relational; a mutual responsibility that should be shared between those who govern, and the people who are being governed.
Instead governments use their power to write or amend constitutions that only suit their interest. This is why a very important observation that you make, judicial review, should be given as much prominence as possible. You were apt in your observations as far as judicial review is concerned; its give power to the courts to curb the excesses of the executive and legislature in promulgating bad laws as unconstitutional, and underscore the importance of the courts to be independent, secure in their tenure in office, and owes no obligation to anyone other than the dictates of their conscience and the constitution.
We are faced with a difficult political situation, but I believe if we can search deep into the bottom of our hearts, we can find the solution.
Democracy is all about ideals; and ideals are good, noble and they are desireable. If we can make our reality conform to our ideals, then we can also shape the characteristic nature of the people who inform our reality. It is this ideal; this democractic appeal to good governance, the rule of law and social justice, that directs and dictates the minds of conscientious people who wants to make it a social as well as a political reality.
Rene
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Moe
USA
2326 Posts |
Posted - 20 Aug 2009 : 09:11:37
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Kayjatta , Mandela, Lumumba, Aung San Suu Kyi etc stood for something completely different from what we are having to deal with today ,opposite spectrum bro they actually had a cause and am not trying to underscore what the journalist stand for either because it's just as relevant.In trying to compare them you are therefore comparing apples and bread.
Samsudeen is talking about what happens after the fact. His plea for Sabarry is bound to be taken out of context ,but samsudeen knows exactly what he is talking about. Even if the law is overturned today and declared void and the constitution amended,it would still require a presidential pardon to free the convicted . Being null and void does not mean freedom to people convicted under that law. It would still require a presidential pardon for them to walk out of jail that's the reason why, when the sedition acts were declared void in America Jefferson had to pardon all convicted from the said law and that's what Sam is talking about.
Let me remind you Kayjatta president Jammeh is president and has the power to pardon anyone he deems fit ,no questions asked. Regardless of how everything looks i still feel there is overwhelming evidence to prove that it was calculated and a lot of issues arose regarding conflict of interest of the parties involved ,truth be told it was not accidental.
It's actually easy to predict what the out come was going to be ,where were you when Fatou Jaw manneh got charged or the British nationals. At that point it was not necessary to question the constitutionality of the sedition laws and that's my point.
I don't think you understand the reasoning behind having Nigerian Ghanian or Judges from the Islands,certain cases require total neutrality ,Gambia is too small and if you go to barbados and the rest of the Islands ,well Kayjatta just for your info, there are Gambian Judges in places serving the same purpose.
I would love to argue about the unsubstantiated stuff but thats not my forte , You know nothing about the bribery of civil servants and bogus promotions so i will stop here. How do you know the cure does not work ? Did you talk to one of the patients taking the cure? or is it your gut feeling..................................................................Peace
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Samsudeens choice of the initiators of the said plea maybe a complete conflict due to seperation of religion and the state but i would say betting judges and lawyers together would be a start. quote: Originally posted by kayjatta
MY DISSENT TO SAMSUDEEN SARR’S THEORY OF ‘SABARRY’:
KAYJATTA
I have to say upfront that a good part of Mr. Sarr’s paper is irrelevant to the issue of the trial and incarceration of the GPU-6. Nonetheless, I will try to address only what broadly concerns the trial and incarceration of the journalists and the implications of that injustice: Sam’s theory that Gambians who are being (unjustly) persecuted by their government should, instead of organized democratic resistance, scuttle on their knees and beg for mercy and forgiveness is the ultimate insult to all freedom-loving people around the world. It amounts to a great insult to the likes of Mandela, Lumumba, Aung San Suu Kyi , and others around the world who willingly have and continue to endure enormous hardship in defense of their legitimate convictions so others can enjoy freedom and liberty. Sam’s believe that the six journalists would be found guilty by the Fagbenle Court was shared by many Gambians. But that itself is the problem in the Gambia. The fact that a lay person (in the law) can accurately predict the outcome of a (complicated) sedition and defamation case underscored the lack of rule of law in the Gambia. Sam suggests that after fifteen years, all Gambians should know that Jammeh is the “Alpha and the Omega” with a popularity that rivals Obama’s. I am particularly stunned by this undemocratic language. After serving in the military for so long, being in and out of jail, and having narrowly escaped from the claws of the Leviathan with his life intact, I am stunned that Sam did not realize that Jammeh’s power rests in the hands of a few military officers who are fattened at the expense of the ordinary Gambians. Jammeh is no “Alpha and Omega”, and he is no modern Prometheus. Jammeh simply stole power from the Gambian people and placed it straight in the hands of a few army officers and civilian cronies whose loyalty he buys with cash, outrageous promotions, and other favors. I would challenge Sam to provide evidence of “Jammeh’s popularity that surges exponentially” in numbers… Jammeh’s rule, if anything has witnessed growing unpopularity and voter apathy in the Gambia. Recently Jammeh was at the risk of not able to maintain a decisive lead in the polls, therefore prompting him to change the criterion of winning persidential elections from majority to plurality of votes… I think Sam is also talking about the recent demonstration by some “Gambians from the Diaspora” led by the fellow from U.K., as well as the prayer that was led by the Supreme Islamic Council (SIC) shortly before the 15th July 22 anniversary. Those are not signs of solidarity and political support. Those can instead be the hallmarks of dictatorships. Dictators of all shades and colors have often orchestrated such gatherings of people. Also no diplomat sees those ‘politics of patronage’ as genuine support. The genuine support of the people is measured in a free and fair election where people enjoy unfettered freedoms and liberties. Jammeh’s claim that he has the cure for HIV AIDS is unsubstantiated. His treatment regimen is a disaster-of deaths and expulsions. Okay that is probably too harsh. Let’s put it this way. It is a mixed bag of some proclaimed cures, deaths and expulsions. Dr. Mbowe who shed off all his medical credentials and ethics to become a snake oil salesman for Jammeh is an epitome of absolute sycophancy in the Gambia. But understandably, Dr. Mbowe and many others in the Gambia have come to decide that there job and their salary is more important than any professional principles or ethics. Thay are simply flowing with the system... The decision of the Obama administration not to release certain information about the Bush era national security policies and actions is not an analogy to the case of the incarcerated journalists in the Gambia. What the GPU- 6 is facing in the Gambia is not a national security matter; rather it is a matter of free speech or censorship; liberty or repression. Sedition and defamation laws as applied in the Gambia, albeit erroneously, are archaic and have no place in a modern democracy. Criminalizing speech is what threatens national security; free speech improves dialogue and the maintenance of peace and stability. Sam also said that jammeh realized “…that his control of the judiciary was slipping away”. You see this is what distinguishes a dictatorship from a democracy. Jammeh was not supposed to control the judiciary in the first place. The judiciary is supposed to be an independent branch of government, and its independence is guaranteed by the Gambia’s constitution. It appears clear to me that Sam is thinking more like Jammeh, and the theory of “sabarry” he espouses is an attempt to perpetrate a dictatorship in the Gambia. The appointment of Neneh M. Gaye that Sam linked to the initial prosecution of Pape Saine cannot be considered a national security matter either. What has that got to do with national security? Of course “once a soldier, always a soldier”, it is often said. Sam, like Jammeh, is thinking like a soldier without political education operating in a garrison state where everything is a sensitive national security matter. Jammeh’s purging of the judiciary and the legislature (the National Assembly) without cause (that Sam mentioned), and appointing mercenary judges from Nigeria is the ultimate showcase of his blatant abuse of executive power. That act is a further testimony to the lack of rule of law in the Gambia. Sam argued that Jammeh is justified in appointing Nigerian mercenary judges because “it was exactly like that during the PPP era”. This is a fallacy. It is a fallacy of straight line thinking; that if something exist in the past, then it should or can continue today. Jammeh’s decoration of Pape Saine with a ‘National Honor Award’ cannot be considered a show of love and appreciation of Mr. Saine and his work. It was simply an attempt at silencing him, after the murder of his more critical colleague. I guess it is called “the carrot and the stick”. Kill Deyda, and decorate Pape to silence dissent; and everybody will be happy… Samsudeen Sarr , argued that “…commenting on the remarks made by Jammeh on Deyda’s death was analogous to swallowing the bait…”. This sounds ridiculous to me. As far as I know Pape Saine and the rest of the GPU-6 were not prosecuted for “commenting” on Jammeh’s remarks about Deyda’s death. Pape Saine was prosecuted because his paper, The Point, published the GPU president’s response to Jammeh’s remarks about the murder of Mr. Hydara (Deyda). Besides what’s wrong about commenting? Sam, by his argument, implied that the attorneys for the six journalists should have dismissed them by telling them that their cases were “unwinnable”. I think it would be legitimate for the attorneys of the defendants to enter into any settlement negotiations with the prosecution, but to dismiss their clients on the pretext that the case is “unwinnable” even though the law is on their (the defendants’) side is prejudicial and unethical. No serious attorney will do that. The Nigerian judges may not be neutral (they are actually in favor of the prosecution) but the law was in favor of the defense. The motion for the removal of Justice Wowo who initially presided over the case was made in recognition of this. Sam also took issue with the defendants’ plea for mercy after their conviction. The plea for mitigation is a part of the court procedure. It is a plea to the court and the judge, not to the President. Even after conviction, defendants and their attorneys are expected to show respect to the court and the judge. A plea for mercy is part of that respect also. But Sam Sarr , the editor of FORYAA and one of the convicted journalists told the judge/court to do whatever it deems necessary… To conclude, Samsudeen Sarr’s theory of “sabarry” to Jammeh underlies the definition of a coward. Mandela, Lumumba, Aung San Suu Kyi, and many others around the world will be greatly insulted and trivialized by Sarr’s argument. I personally think Gambians should all match to prison with these journalists and see if Jammeh and his military henchmen can rule the country by themselves. Maybe samsudeen Sarr is ready to take up a job with the Leviathan again. Gambians should be willing to go to jail in defense of their freedoms. Going to jail for noble and internationally recognized principles and convictions is righteous and heroic… The Gambia’s central prison, Mile Two, may succeed in breaking the will of Samsudeen Sarr, but it will never succeed in breaking the will of the just and the righteous. Mile Two will never succeed in breaking the will power, determination, and the resolve of the FOROYAA editor, Samuel Ossey Sarr. Robyn Island, for a quarter century, could not break Nelson Mandela… If anybody will mediate the release of the jailed journalists, it must be done in recognition that the Jammeh government is wrong and there is no point in what they are doing to freedom of speech and of the press. Failure to do that will only result in the temporary release of the jailed, because as journalists, as Gambian people; we refuse to beg Jammeh to “sabarry”. To call for “sabarry” at this time amounts to declaring victory for evil and wrong over righteousness… Thank you.
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 20 Aug 2009 09:18:21 |
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kayjatta
2978 Posts |
Posted - 20 Aug 2009 : 10:03:31
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Thanks for your take, Moe... |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 20 Aug 2009 : 17:12:53
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'They say our laws are directly derived from British laws and in 1610 Sir Edward coke of England's court of common Pleas stated that When an act of parliament is against common right and reason ,or impossible to be performed ,the common law will control it and adjudge such act as Void' . - moe
Moe, thanks for your piece. I would however like to state that the position above has been made redundant long since and was never adopted as a constitutional principle. It was a dicta. The legal position especially after the enactment of the parliamentary Act of 1911 which asserted the supremacy of the commons is that certain principles of the common law are to be deemed implied in every legislation passed by parliament unless otherwise expressly stated. Subject to this and other restrains posed by the European Union laws [EC laws] and the European Covention On Human Rights[ECHR] which too can be overridden by an express acclamation, parliament in the UK is sovereign and can do no legal wrong. It can make and unmake any law whatever its nature, and no competent body [not even the courts] exists within her majesty's realm that can declare such laws as void. You may refer to the writings of Professor Albert Vincent Dicey for a better understanding of the nature of the English legal system.
I do not find it appropriate to make a detailed commentary about the six Journalist case as an appeal is already pending in court. However, I do not share your implied assertion that the Gambian constitution does not protect Freedom of Speech. I have always maintained that this constitution is weak in its protection of civil liberties, the blame for which I put squarely on Halifa Sallah and his PDOIS quartet who sold the constitution to the Gambians, however I do believe that some form of protection has being given to Freedom of Speech. [See Sections 25 & 207 of the 1997 Constitution] It is simply not adhered to, and that is because no provision in the present constitution places the government or indeed any state agency under any positive duty whatsoever to preserve and protect these democratic and universal values in the exercise of their duties. Almost all the provisions relating to human rights and civil liberties are either vague or passive. This is one of the grave deficits currently inherent in the 1997 constitution.
Thanks
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 20 Aug 2009 19:12:09 |
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