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Nyarikangbanna
United Kingdom
1382 Posts |
 Posted - 16 Apr 2010 : 08:34:20
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To;
The High Commissioner
Nigerian High Commission
9 Northumberland Avenue
London, WC2N 5BX
Trafalgar Square
15th April 2010
Your Excellency,
Your Citizens are Complicit in the Muzzling of Fundamental Rights and Freedoms in the Gambia
I am writing on behalf of the United Democratic Party [UK] and the Coalition of Human Rights Gambia, a none for profit organisations based here in the United Kingdom whose primary objective is to promote and safeguard human rights and political freedom in the Gambia and to help engender meaningful democratic political reforms through peaceful and lawful means. The United Democratic Party [UK] is an affiliated body to the Gambia’s main opposition United Democratic Party.
 The United Democratic Party [UK] and the Coalition of Human Rights Gambia condemn the recent conviction and the extremely harsh sentencing of Mr. Femi Peters, the Campaign Manager of the United Democratic Party [UDP], to one year imprisonment without an option of a fine, on charges of organising a political rally and using a public address system without a permit. We are also appalled by the unorthodox and undesirable conduct of the two Nigerian Magistrates, Magistrates Emmanuel Nkea and Joseph Ikpala, who were involved in the case.
Mr. Peters was arrested on the 25th October 2009. Prior to his arrest, the UDP had applied for a permit to use public address system in their rallies but this was refused without any reason being given. The UDP considered the refusal to be an exercise of an unlawful authority on the part of the Inspector-General of Police and decided to hold a rally on the 24th October 2009.
The Gambian Constitution guarantees fundamental rights and freedoms to every citizen. This includes the right to fair trial and freedoms of speech, association and assembly. The 2006 Commonwealth brokered Memorandum of Understanding which was signed by all political parties in the Gambia, and facilitated by your former president, His Excellency Chief Olusegun Obasanjo, enjoins all signatories including the incumbent to refrain from disrupting or frustrating the legitimate activities of other political parties including the holding of political rallies, meetings, matches or demonstrations. Suffice to this, the High Court of the Gambia have ruled in the matter of A.N.M Ousainu Darboe & Another v. Inspector General of Police [1998] that refusing permit applications without giving any reason prescribed by the Public Order Act or any other existing law is a violation of the fundamental and constitutional right to freedoms of expression, association and assembly.
Mr. Peters first appeared at the Banjul Magistrate Court but his basic right to fair trial had not been observed. The whole trial had been vitiated by grave but advertent procedural flaws that ultimately impaired its final outcome. We believe this was as a result of Mr. Peters’ high profile status as a senior opposition political figure, and the strong desire on the part of the magistrate to safeguard his lucrative contract with the Gambian authorities.
First, the Magistrate attempted to coerce Mr. Peters to enter his plea by threatening him with imprisonment after he [Mr. Peters] posited that he could not enter plea without his lawyer being present. Mr. Peters’ refusal to enter plea was as a result of the charge sheet been amended to include a new indictment that was hitherto not communicated to him or his lawyer. Notwithstanding this, the Magistrate made good of his threat and sent Mr Peters to prison only to realise later that he did not even have the jurisdictional competency to preside over the case. Mr. Peters was subsequently granted bail and the case eventually moved to another court, the Kanifing Magistrate Court, also presided over by a Nigerian Magistrate.
At the Kanifing Court, Mr. Peter applied for a referral of certain issues to the Gambia Supreme Court for determination as to their constitutional validity. In the Gambia’s legal jurisprudence, this would normally trigger a stay of proceedings until the matter is decided by the Supreme Court. The Magistrate, however, did not grant the application, refused to stay proceeding and continued to deliberately frustrate Mr. Peters’ appeal at the High Court despite been informed of the pendency of the appeal and an application for stay of proceedings at a superior court. The Magistrate also and deliberately ignored the High Court’s ruling of 1998 above.
In another unprecedented move, the Magistrate coerced Mr. Peters to enter his defence without his lawyer who had earlier written to all the courts in the Gambia informing them of his unavailability for the day due to a scheduled meeting with the country’s Independent Electoral Commission. In the end, Mr. Peters was hopeless and had to abandon, reluctantly, his right to enter a defence.
In an affidavit filed on his behalf, Mr. Peters posited the following;
‘‘The court refused to entertain my application for an adjournment. The Court threatened to deal with me harshly if I did not enter my defence in the absence of my counsel; that because of this threat, I was coerced to abandon my constitutional right to a fair hearing and representation by counsel; and that it was this threatening and coercive attitude of the court that led me to take the position I took.’’
The United Democratic Party [UK] and the Coalition of Human Rights Gambia firmly believe that the arrest, trial, conviction and the subsequent harsh and disproportionate sentencing of Mr. Peters is a serious and blatant affront to his fundamental right to freedoms of speech, assembly and association as guaranteed by the Gambian Constitution and some other international treaty instruments including the International Convention on Civil and Political Rights, and the African Charter on Human and People’s Rights to which the Gambia is a signatory.
It is also our believe that Mr. Peters’ arrest and subsequent imprisonment is a direct assault on the free and unhindered participation of bona fide Gambian political parties in the Shaping of the political will of the Gambian People as guaranteed by the constitution and recognised by our electoral laws and the 2006 Commonwealth brokered Memorandum of Understanding.
The United Democratic Party [UK] and the Coalition of Human Rights Gambia are also concern that the imprisonment of Mr. Peters may herald the beginning of concerted efforts and actions on the part of the regime in Banjul to deliberately stoke fear in the Gambian electorates and thereby undermining the credibility and integrity of the forth coming 2011 presidential election.
Your Excellency, while we acknowledge the limited control [if any] your government may have over the conduct of Nigerian citizens working in the Gambian Judiciary, we would, however, like to appeal to you to use your good office and urge your government to advise your citizens in the Gambia to refrain from anything that has a potential of undermining the credibility of the Gambian democracy and legal system, and the good brotherly relationship that exists between our two peoples.
We would also like to humbly ask you to bring the plight of Mr. Peters to the attention of your former president, His Excellency Chief Olusegun Obasanjo, and ask him to use his influence as a respected African Statesman, to secure the immediate and unconditional release of Mr. Peters.
Thank you for having us at your High Commission today, and we look forward to hearing from you.
Yours Sincerely,
K. Kanyi
Chairman
Cc; Baroness Catherine Ashton, European Union High Representative for Foreign Affairs
Baroness Kinnock, British Foreign Office Minister
Hon. William Hague [MP], Conservative Shadow Foreign Secretary
Hon. Edward Davey [MP], Liberal Democrats Shadow Secretary for Foreign and Commonwealth Affairs
Commonwealth Secretary General
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 18 Apr 2010 01:37:42 |
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kayjatta
2978 Posts |
Posted - 16 Apr 2010 : 09:53:24
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We commend the UDP/U.K. branch for this great step in demonstrating a growing Gambian frustration with the sham legal system of the Gambia perpetrated by the Nigerian "mercenary judges".
I personally want to join UDP/UK in condemning the 'illegal' conviction and subsequent jailing of Mr. Femi Peters for exercising his constitutional rights to free speech and assembly.
Good job guys!
A few observations:
1. Who is Olusegun Bosanko in the 4th chapter? Is this the same as Olusegun Obasanjo?
2. Who is K. Kanyi, the Chairman? Is he the same as Kanyiba Kanyi? We are still looking for him.
3. What does Darboe's initials A.N.M. (in A.N.M. Ousainou Darboe-Jammeh started with A.J.J.)stand for? I get thrown off by these long 'presidential names'... |
Edited by - kayjatta on 16 Apr 2010 09:55:43 |
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kayjatta
2978 Posts |
Posted - 16 Apr 2010 : 10:21:22
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| In honor of what Mr. Peters stands for, unfettered rights to free speech and assembly, I do not intend to delete any part of my post. I will still appreciate your complete answer to the questions posed. Thank you. |
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Santanfara
3460 Posts |
Posted - 16 Apr 2010 : 17:05:52
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The demo photos and a brief statement.
http://www.lawyerdarbo.blogspot.com/
Thanks kay for the comment. |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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Santanfara
3460 Posts |
Posted - 16 Apr 2010 : 17:16:03
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The Gambian embassy staff privately confided in us about the fears even they have of the President.
The demo was a success. And we hope concern Gambians all over the world can make their voices heard. It is only through the involvement of Gambians in the politics of the country that, things can change for the better.
We would like to thank the embassy staff for sympathising with the family of Femi Peters.
Femi Peters Junior wrote a report of the demo.
Free Peters. |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
Edited by - Santanfara on 18 Apr 2010 17:54:38 |
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Momodou
Denmark
11744 Posts |
Posted - 16 Apr 2010 : 17:24:56
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Suntu, thanks for the photos.
Free Femi Peters NOW! |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 17 Apr 2010 : 00:04:03
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Momodou, I haven't heard you lend a voice to our efforts yet. You seems to be more interested in petty things rather than the real issue. What is going on?
Santafara was just merely reporting things as they happened just to give the readership a good flavour.
Thanks
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 17 Apr 2010 00:25:28 |
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kobo
United Kingdom
7765 Posts |
Posted - 17 Apr 2010 : 00:13:41
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quote:
Originally posted by Santanfara
"Forward with the UDP."
"They are chosing to work for one man at the expense of the whole country, they are slaves."
Same AGENDA WITH APRC!
Lets slot APRC on "Foward with .... APRC Then an APRC militant castigate UDP members similarly with; "They are chosing to work for one man at the expense of the whole country, they are slaves." You will realised it is fitting to say agenda is same.
Simply APRC supports Jammeh as President. Likewise UDP is fighting tooth and nail to make Darboe President.
Femi's case is about fundamental human rights abuse and how best to uplift Gambian political standards. ITS ABOUT FORWARD THE GAMBIA OUR HOMELAND AND NOT FORWARD WITH UDP, APRC, PDOIS OR NADD
Thanks for mobilisation to fight a good cause!
GMC Condemns Femi Peters' Conviction
"I would like to echo the words of Hon. Ousainou Darboe that the trial and conviction of Mr. Femi Peters amount to the trial and conviction of The Constitution of The Gambia. I assure Hon. Osainou Darboe and members of the UDP of the strong solidarity of GMC, and my personal support during these very turbulent times. I am appreciative of UDP leadership’s heroic defence of Mr. Peters both inside and out of the court room. GMC makes no distinction in the defence of the fundamental rights of all Gambians, and we view the wrongful conviction of Mr. Peters as an imperative, non partisan national issue, and not merely a UDP affair."
"I urge for relentless decisive national action of democratic forces of all Gambians both at home and abroad, in a manner never before conceived of in our political history. I call on Gambians of all political persuasions and across ethnic divides to rise up in defence of liberty and opportunity! I call on all patriotic democratic Gambians both at home and abroad to rise beyond their fears."by GMC/Lawyer Mai N.K. Fatty
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Edited by - kobo on 17 Apr 2010 00:30:36 |
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Karamba
United Kingdom
3820 Posts |
Posted - 17 Apr 2010 : 00:30:44
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Exposing the connival by mercenary Nigerian bandits posing judges in Gambia is a giant stride by UDP/UK.
Yaya Jammeh is able to stay this far because some other bandits like him closed ranks being what they are.
As a nation, we need taking this as a good twist of events. Next, what UDP along other freedom loving people can do in Gambia is staging another demo at Nigerian High Commission Gambia. They have right to peaceful procession.
By extension, Gambians need not wait till one of their own is affected. This has to stay as regular face-on challenge for big bullies in Gambia.
Bravo to you all UDP/UK and those who stood firm grounds against tyranny. Down with the tyrannical, thief, and killer Yaya Jammeh rotten regime. |
Karamba |
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kayjatta
2978 Posts |
Posted - 17 Apr 2010 : 05:57:36
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quote:
Originally posted by Santanfara
The demo photos and a brief statement.
http://www.lawyerdarbo.blogspot.com/
Thanks kay for the comment.
Thanks for the pics Santafara. Again I join you guys in condemning Femin Peters illegal conviction. Free Femi Peters! Free him! |
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Momodou
Denmark
11744 Posts |
Posted - 17 Apr 2010 : 11:21:43
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quote:
Originally posted by Nyarikangbanna
Momodou, I haven't heard you lend a voice to our efforts yet. You seems to be more interested in petty things rather than the real issue. What is going on?
Nyarikangbanna, your efforts are commendable. These mercenary judges have been eroding our justice system since the coming of A(F)PRC. The purpose of the demonstration was clear. Keep it up!
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Janko
Gambia
1267 Posts |
Posted - 17 Apr 2010 : 13:15:22
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Thanks, UDP-UK,
for your courageous stance in defense of fundamental rights and freedoms.
The fantastic thing with justice is that even the culprit is guaranteed evenhandedness.
I salute your courage.
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Clean your house before pointing a finger ... Never be moved by delirious Well-wishers in their ecstasy |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 17 Apr 2010 : 14:37:59
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quote:
Originally posted by Momodou
Nyarikangbanna, your efforts are commendable. These mercenary judges have been eroding our justice system since the coming of A(F)PRC. The purpose of the demonstration was clear. Keep it up!
Thanks Momodou.
Kind regards |
I do not oppose unity but I oppose dumb union. |
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Santanfara
3460 Posts |
Posted - 18 Apr 2010 : 18:05:02
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quote:
Originally posted by Janko
Thanks, UDP-UK,
for your courageous stance in defense of fundamental rights and freedoms.
The fantastic thing with justice is that even the culprit is guaranteed evenhandedness.
I salute your courage.
Thanks janko, Kay, Momodou for the kind words. It takes a slow step towards a gaint stride. The UDP is a peace loving party, I believe every honest and sincere Gambian can bear testimony to that. This is why, Yahya Jammeh hasn't been able to provocke the party into violence and anarchy. We know, the opponents of the party would like to use every bits of incorrect analogies to attack the party.
If the UDP didn't feel the lives and property of Gambians is worth standing up for peacefully, the Gambia wouldn't be in civil, non-violent condition. Hence the UDP is miles away from APRC's thugish mode of operation. It is the key PDOIS members who are angry that, Darboe refuse to declare war over the arrest of Femi (Joe Sambou and co). We shall pursue peaceful democratic ways to achieve a difficult way out. |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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Momodou
Denmark
11744 Posts |
Posted - 18 Apr 2010 : 18:16:18
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quote:
Originally posted by Santanfara
...It is the key PDOIS members who are angry that, Darboe refuse to declare war over the arrest of Femi (Joe Sambou and co). We shall pursue peaceful democratic ways to achieve a difficult way out.
As fas as I know, Joe is not here to defend that accusation. Lets not turn this issue into PDOIS vs UDP once again. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Santanfara
3460 Posts |
Posted - 18 Apr 2010 : 18:43:32
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| I agree, it is a brief response to Kobo. |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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