There is a saying that when you digging a trench for your enemy, be cautious. I recall, a letter writer who exposed the way and manner how APRC’s election petition case failed to proceed due to a lack of full panel. In the letter, the writer alleged that two lawyers promised that they will frustrate Jammeh by contacting the Judges not to come so that the petition would not be heard. Whether that was the fact or not but none of the Judges came to Gambia to hear the case. In fact, the Lawyers gave the impression that no judge was appointed for the Supreme Court.
They also said, because there was no Supreme Court Judges at the time, it would be unjustifiable for Jammeh to appoint and administer Oath to new Judges for the purpose of hearing his case. This, ECOWAS gave credit and forced Jammeh out. We all celebrated because Jammeh was too much for even my little baby.
Now, President Barrow is supposed to appoint his cabinet ministers and most likely his CJ, some of the persons expected to be appointed includes Lawyer Ousainu Darboe. In fact President Barrow confirmed this during a TV interview with TFM ignoring the fact that Lawyer Darboe as we speak is still a convict who is on bail pending appeal.
Certainly, President Barrow is empowered to pardon prisoners. The lawyer Ousainu Darboe would not allow Barrow to exercise that discretion in granting him a presidential par Don for the purpose of clearing him for an appointment. What then should Barrow do in the circumstances?
The only legal way is to exhaust the Court of Apple case against Lawyer Ousainu Darboe and others and a successful in acquittal Base on law and facts not political is acceptable. What is worrying here is, Justice Away Bah made a statement during the bail application of Lawyer Darboe …that Darboe formed a formidable personality in the coalition government who worn the election and it is in the interest of public health is released on bail.
Now, whether Justice Bah will do justice in the case or not is up to her and her Oath. But because of the insults directed at Nigerians, only Justice Bah and Mbai are right now on duty to the Court of Appeal. The two cannot her a case in the absence of the President Justice Dadda. Yes, another Judge an be appointed or even promoted to empanel the Court of Appeal. But would it not be same case with Jammeh when he wanted Judges to come and hear his case?
President Barrow cannot appoint any of the Prisoners in that appeal case unless and until they are cleared by way of Presidential pardon or an acquittal by the Court of Appeal which as of now lacks the quorum to sit on substantive cases.
In conclusion, JAMMEH’S bullet has back fired at Barrow. Let’s see whether the law will prevail.
From A Concerned Gambian