Friday, January 13, 2017

Bar Association says term of president can't be extended, interference with constitution treason

The Gambia Bar Association has declared that president Jammeh cannot extend his term in office except by the express will of Gambian people ,while calling on the security apparatus to protect and respect the will of the people.
In a statement, the lawyers’ body said:

“The Gambia Bar Association (GBA) acknowledges the ExecutiveDirective of Outgoing President Jammeh issued on the 10th day of January 2017 to the effect that no arrests should be carried out for“acts or omissions in the pre and post election period, effective from 1st November 2016 to 31st January 2017”.

The Executive Directive is a reminder that the Security Forces have a sacred duty to protect the public and uphold the rule of lawand freedoms as enshrined in the Constitution. All citizens and residents of The Gambia are entitled to exercise their freedom of assembly, association and expression of political will without fear of arrest and intimidation.The GBA notes with concern the statements of Hon. Seedy Njie,the Minister of Information Communication and Infrastructure, and Mr Edward Gomez, Legal Counsel for APRC and the Outgoing President as petitioners before the Supreme Court in the Election Petitions SC 005/2016 and SC 001/2017.The said Mr Njie and Mr Gomez have publicly stated that the scheduled inauguration of President Elect Barrow shall not take place and that Outgoing President Jammeh shall stay in power until the Supreme Court hears the said petitions”.

For the avoidance of doubt on the legal position regarding the impact of of the petition on the presidency,the Bar Association added:
“The Term of the current Outgoing President Jammeh ends on the 18th of January 2017. This term cannot be extendedby any authority apart from the Gambian people through areferendum authorizing the amendment of the Constitution.Therefore the outgoing President shall cease to hold
executive office by midnight of the 18th January 2017.

The petition before the Supreme Court is an independent
process. The pendency of said petition does not have the effect of extending the term of office of outgoing President
Jammeh. Furthermore, the pendency of the petition does nothave the effect of preventing the inauguration of incoming President Barrow. Any attempt to interfere with the constitutional end of one presidential term and the beginning of another will be an abrogation of the Constitution and an act of Treason by virtue of Section 6 of the Constitution”.

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