On the 19th January 2017 in the Republic of the Gambia according to International laws codified by the Constitution of the Gambia 1997, the President of the Republic of the Gambia His Excellency Adama Barrow was sworn in as the third president of the Gambia. President Barrow in his words states as:
I, Adama Barrow
That I will well and truly
Execute the function of the office
Of the President of the Republic of the Gambia
That I will preserve and defend
Constitution of the Gambia
That I will do right to all manner of people according to law
Without fear, affection or I’ll will
So help me God.
This was done in the GAMBIA inside Senegal just as in the map.
The New Minister of Finance and Economic affairs, Amadou Sanneh, who was serving a five year jail term after spending three years was said to have been released from prison custody two days before his appointment as minister. How was he released? No announcement as it use to be with “Dictator” Yahya Jammeh on GRTS.
The very Constitution in which President Barrow relied on to assume office; to preserve and execute his mandate is explicit when it comes to release of prisoners and appointments.
PREROGATIVE OF MERCY BY PRESIDENT: Grant of presidential pardon.
I will rely on the Constitution which created the IEC, Recognized Adama Barrow, as Independent Presidential Candidate, a winner and subsequently a President at the expiration of President JAMMEH’S term of office.
Section 82 (2) of the 1997 Constitution states:
The President may, after consulting the committee established by subsection (2) (the Attorney General and three other persons appointed by the president):
(a) grant to any person convicted of any offence a pardon either free or subject to lawful condition
(b) grant to any person a respite, either indefinite or for a specific period of the execution of any punishment imposed on the person for any offence.
(2) There shall be a committee on the exercise of the prerogative of mercy consisting the Attorney General and three other persons appointed by the president subject to confirmation by the National Assembly.
First, as of this day, I can conveniently and evidently say, Gambia do not have an Attorney General and Minister of Justice duly appointed and sworn in according to the Constitution of the Gambia.
Secondly, we are not aware of any committee comprising the AG, confirmed by the National Assembly for such function.
Thirdly, no court of law publicly and judicially acquitted Amadou Sanneh, with the offences with which he was serving in jail as of the day he was released and appointed.
So in essence, President Barrow, merely was acting on his discretion certainly not based on the law but on what he thought is best for UDP.
Also for Mr. Lawyer Ousainu Darboe and others, as far as we know, their case is still pending in the court of Appeal undecided. The court of Appeal lacks a proper quorum to sit and hear appeal matters due to the absence of the Nigerian Judges. From my experience, even if the constitution is silent as to whether or not a convict can be appointed to a public office, the Public service Act and Code of Conduct for Civil servants spelt out clearly that once a public official is charged with an office, the AG, IGP and Registrar should notify the PMO for the accused to be placed on interdiction and be paid half salary until the final determination of his case.
So the question is, will Lawyer Ousainu Darboe our Minister of Foreign Affairs be interdicted and placed on half salary until his appeal case is determined in court. Will he continue to appeal in court as a convict awaiting decision the same time as minister?
Another fundamental thing is, Our Minister of Finance is as far as we know is a prisoner, who was released from prison illegally by whoever under the instruction of the President without regard to our laws. This man, Sanneh was charged with and convicted with falsifying documents for the purpose of helping asylum seekers. How do you know whether it was politically motivated? This is what the committee duly appointed ought to have find out before entrusting him without Finance. What if he indeed did the act and was lawfully convicted but the sentence period was politically motivated to 5 years.
President Barrow, I urge you to read the sections cited and be your own adviser. Alternatively, do not rely on Lawyer Ousainu Darboe and Mai Fatty, get a third lawyer who can independently advise you based on the law. When you err in law it is not Lawyer Ousainu Darboe and Mai Fatty who will be punished by Allah it is you who swore to preserve the constitution.
In conclusion, your Finance Minister is still a convict who was released illegally. Your Foreign Minister is still a convict serving that high portfolio regardless of whether the sentence was according to law or not.
From one of your Uncles