Source: Maafanta http://www.maafanta.com/PaSawoonBadouSambaUDPUKbombshell.html
Badou de Kaolack,I don't dodge questions. If I dodge anything you call a question, it is perhaps because I do not find it intersting and or significant.[-----Original Message----- From: Banura Samba [log in to unmask] To: GAMBIA-L [log in to unmask] Sent: Sat, Aug 7, 2010 11:04 pm Subject: Re: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements Thanks for boozing out this Saturday night.] Badou Samba de Kaolack.You're most welcome. Let me know if you'd like some of my booze. My agents in the Bronx will deliver some to you at Metropolitan Oval.[Why do you always dodge or fail to answer my question.] Badou Samba de Kaolack.I refer you to my answer above.[Can you tell the forum which Gambian diplomat was expelled from Libya for smuggling LIQUOR] BdK.I'm afraid I can't tell the forum that. This is because I am not aware of any Gambian diplomat who was expelled from Libya for smuggling Liquor or alcohol. As regards my most honourable father, he was ambassador in Libya once. When he arrived in Libya, (And there was a reason why he replaced the former Ambassador of Gambia to Libya - name withheld for now) there was a festering trade and consumption of alcohol among the staff....The first Secretary OG Sallah not only consumed it for pleasure, he was known to trade it. The finance secretary Babou Sowe did likewise. Even the drivers were known to courier for them and engage in their own petty trades on the side. There was another Senegalese gentleman who has been in Libya for a long time who I believe showed OG Sallah and Babou Sowe the ropes as to how to bring alcohol in without being confiscated at the airport. This is the reason my classmates, (Mr. Sowe's son also attended the same school) whose home was close to our residence, upon learning that I was travelling to Malta, asked me to purchase some liquor for them and smuggle it into the country. Needless to say I was baffled as to how they could imagine I'd do such a thing for them. Of course I never purchased nor brought liquor for them. I brought them shoes. Italian leather. Now I did share with you that when one of my brothers got wind of this clandestine trade of liquor, he tried to steal it to sell himself. When my father found out, he returned him to Gambia. Now then, if the Libyan authorities were interested in illicit liquor trade or consumption at embassies, they would have had to close many an embassy much before my father's presence. The idea was that my father's presence as Ambassador would stem the tide of the trade. If I were my father, even though I cannot prevent consumption of alcohol by other high level embassy staff, i would have communicated the alleged trade to the President Sir Dawda and tender my resignation unless such embassy staff are removed. The ultimate consumers of the traded liquor were Libyans however, and if the entire Embassy was changed, even my father for alcohol, that would not have any affect on liquor trade by embassies in Libya. It is sort of like saying all Libyan embassy staff in foreign countries who engage in polygammy ought to be expelled from their host countries. BdK you understand my trend of thought don't you??? Therefore, even though I admit, there was profuse trade in liquor at most foreign embassies in Libya, that was not the reason my father was recalled. Those who were in Libya at the time will tell you what precipitated my father's departure from Libya. i will grant you this; as far as the liquor trade at the gambian embassy was concerned, I regetfully find my most honourable father wanting in due-diligence. I understand he has his own reasons why he didn't "rat" the culprits out. But for Haruna, I abhor all illicit behaviour, whether it is by family or other.[which resulted to your (Haruna) removal from that African country?] Badou Samba de Kaolack.The liquor smuggling, consumption, or trade was not the reason for my departure from Libya. And I was not removed. I was too young to determine my ware in life Badou. Anyhow, you will appreciate that we left Libya 2 YEARS after my father first arrived. The liquor consumption and illicit trade was going on for about 15 years prior as I was informed by Libyan and gambian authorities as well as Gambian students in Libya. Therefore, it should be safe to say that liquor consumption, smuggling, or trade at the embassy were not the reason for my father's departure from Libya. For the full story, I refer you to OG Sallah, (who sustained injury and dispossession of his liquor at the embassy during the event), and Babou Sowe, and Jawara Dicko. Badou if you are anywhere close to the character that is Haruna, your troubles here on earth will be over.
[I swear to God you killing me with laughter.] BdK.I'd rather die laughing or amiling than with big frown on my face Badou. you should thank me. Haruna. Your God.[I now believe one Mr Drammeh who appears in Freedomnews Radio interview, who described you as a "psychiatric patient who needs pills".] BdK.Very well. I was not aware of that. The man Drammeh must be a doctor of psychiatry or he must have experienced the malady to be able to diagnose patients of the malady and issue prescription for remedy. This world is a funny place.
Thanx Badou. You are engaged in your own crime in these Unanted Istates. Perhaps its because you think everyone else engages in crime somehow. I encourage you to cease and desist before its too late. The Insurance fraud you completed should be enough. Train otherwise. Word to the wise.Haruna.
From: Haruna Darbo <[log in to unmask]> Sent: Sat, August 7, 2010 8:40:45 PM
Subject: Re: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements
Sent: Sat, Aug 7, 2010 8:14 pm Subject: Re: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements
Political maturity, discipline and principle cannot be possessed out of contention.Discipline and principle do not come easily. They take years of training and practice.This is why is equally important for party members to make a responsible and convincing press release to the people.It is equally important for folks to issue truthful press releases to the people.This is why there is also a need for political parties to make alternatives with remedies in order to make a damage control system in place.It is advisable for political parties and individuals to meet all challenges head-on without demuring ascance.IN that note there must be a committee that will handle and review issues before immediate and hasty decisions are made by individuals, family members or “Tereh Kaffoo”.On that note, I want to go shit now.However, this cannot be done by venting anger, insult or personal attack against those who do not ascribed to their individual or collective thoughts and beliefs.This can be done however one desires but we must stand firm behind our convictions.This type of political masquerading has become a common place for us since lifting the ban on political parties in 1996.Political agugu has become commonplace for me since I emigrated and acquired my freedom of speech.There is no place for malarkey in Gambian politic comes 2011.No monkeying around in politics come tomorrow. We cannot wait till 2011. Starting tomorrow you will be good.The Parties will tell Gambians what changes they will effect when they are elected but the changes that we may believe in.I would like the parties to tell me what changes they would like to make when I vote for them. I will decide whether I believe them or not before I vote for them. APRC does not have a chuckhold on my vote.
The reason why I made a swift response to the UDP/UK's press release is because it is taking us in retrospect and will hindered the efforts of genuine Gambians who are working ostensibly to make our home land bacon of democracy.I decided to issue a swift opinion on the UDP-UK counter press-release because I think it nurtures debilitating back and forth. But if there is no back, there will probably be no forth. Well I don't care. I just don't want forths. Ostensibly. My bacon is not crunchy enough. Democracy is goot.This will also exacerbate the division amongst the opposition parties.ExasCerbate. Among.By and large, UPD in particular have better things to take care of than this frivolous attacks which have no place in this 21 Century.By the by, PUD HAS....than frivolous forths which anger me very much. Who did the back??? I am equally displeased at them. I think I want to start my own political party so I can do both the backs and forths myself.More so the signing of the MOU of NADD was an “error in the making” committed by UDP.What is an MOU anyway???? Me or U?So they cannot hold Halifa or any body accountable for that.Halifa is a handsome man. I know what I'm talking about.It is time to tell and present fact with evidences.It is time to tell the truth with facts and evidences. Tautology badou. Truth relies on fact and evidence.If one does not state the fact; and you ignore it, double standard and hypocrisy will obviously take a center stage.I need a stage for my tam-tam and mbalax.Thereby the dramatist or political bickering will grow out of proportion.I am not only a political vagabond, I'm also a dramatist.These are the devices paid by the vice to the virtue through the works of internecine characters----- UDP is entirely responsible for anything that happened in NADD, in 2006 period.Khappy-ness laala wakh. Batch Samba Bercy!!!!!!!!I can say without any wobbling, UDP holy agreed and append their signature without any persuasion or coerce.Equivocation/waffling. Not wobbling. Wholly. appended. Coercion. PDOIS, NDAM, NRP, UDP, ppp were all persuaded by the high moment of the MOU. Me or U?
I will give an eerie account of the inexcusable errors made by UDP in numerous occasions since the hay days of 1996.Spectacular, not eerie. You're not that pretty yourself Badou. Made by PUD ON numerous occasions. Not IN. All the days of 1996 are good enough to make hay on.These would have been corrected before actions are taking and appending their signature on it.Were. Past tense. ....and BEFORE (you must write this word again) appending their signature TO. You append to not ON.This leaves one with a question that does UDP really has an organized structure and principles to follow?This leaves me confounded. Does PUD HAVE a management structure in place??? Oh that is called the PUD. My bad!!!I vehemently believed that the UDP/ UK are Johnny just come into the platform, you welcome on board.I strongly believe that. Go vehement yourself. Why would you presume we could care less if you vehemnt or not Badou??? You can go to hell gaddamit. Who do you trhink you are??? Don't piss me off already.The catharsis that faced and still facing UDP as a party since its inception is that they act on individual advice that trickles down to family members.Hey don't practice your English profuselency on us. What is Catharsis badou???? Not all of us can speak French you know. Ginny and I need a translation.This has caused and still causing a prosaic effect to dissuade true and sincere UDP members who foresee the interest of the Gambia.And the dissuaded but otherwise true and sincere UDP folk can choose PDOIS, APRC, NRP, GMC, ppp, ndam or other I imagine. It must be a sick mind that stays with a party they don't belive in for one reason or the other wont you say??? Kambia is a free country. When Yahya lets you.This type of political meandering has shrunk the image; and popularity of the party and above all left the party in a casket.The good thing about your prayer Badou is that if it comes true, then PDOIS, APRC, NRP, GMC, ndam, and ppp stand to gain whoever PUD loses. One party's loss is another party's gain.It has caused an irreparable damage to the image of the party as a whole.Well what're you gonna do about that? You must be pleased that since the advent of conservation of energy, APRC, PDOIS, GMC, NRP, ndam, or ppp one is the winner. So what's your friggin proughleng???The proponents of UDP/UK must understand that there were many like them but where are they?That's right PUD-UK where are the other Badous?You hardly hear from them today, why?Ahhh!! excuse me. One is talking now. Where are you talking frong and what do you do now????
The following are the typical examples where, a prominent party like UDP has failed Gambians woefully, through errors that they do not want to admit instead shifting blames:The following are my anxieties about the PUD:1.) In 1995 REFERENDUM, PDOIS told Gambians is better to vote and have a constitution than a military decree but other oppositions in their campaign told voters PDOIS support and promotes APRC’s ideas. They were proven dead wrong because this is why today one can go to court and defend himself despite the kangaroo courts.So let's say your story is correct and you Badou come to me telling me it is better to make a shit sandwich than eat the shit by itself, I'll say you eat the sandwich first. Then I'll tell you to go to helll.To resonate this in conjunctions to the 1997 constitution, Lawyer Dorboe was saved by the same constitution from going to prison when there was a class between UDP and APRC in Basse.Clash. Not class. Every thing is not terri kaffoh you know. So Lawyer Darboe must have the constitution to thank then musn't he? basse has nothing to do with this.Where Mr. Njie , APRC driver was killed.We mourn the passing of Mr. Njie. You should not have made this a separate sentence. Unless of course you wanted to emphasize something badou de Kaolack?Imagine if told there was no constitution in place. There will be a macabre, where Daniel will come to Judgement.Daniel has been there. And he's still there. Do you know how many Gambians were killed since then Badou? I suppose you do because you work for Yahya.
2. Darboe said he regrets boycotting 2002 National election .Members will bear me witness that the idea of boycotting came from Wajuwara. You see how misleading an individual decisions and advice can be resulted to.If the suggestion to boycot an election came from Waa Juwara, otherwise known as Mbarodi, and Mbarodi is the propaganda Secretary of PUD at the time, and the PUD executive agreed to it, what is Badou's proughleng????PDOIS was also blamed for their participation in that election.So whaddoyou want Badou???? I think its time for you to form your own political party or join APRC publicly and be proud of it. vat is zis????
3.) In 2006 Darboe appends his signature on the MOU of NADD and pull out with reason that he was persuaded to sign it.Even if that was Darboe's reason to sign the Me-or-U, that was not the reason he and PUD withdrew from it. I think that is clear to you Badou. Is it not. So who cares if he is persuaded or forced to sign the Me-or-U?Who persuaded him to sign it?Who cares? Whether I persuade you to sign your earring away or not, if you withdraw your signature later, I must eat shit then musn't I?Before it was some UDP branch members in the US who were attacking Halifa and now new faces of political protagonists from UDP/UK squarely apportioned the blamed on PDOIS / Halifa.The blame for what? For Darboe and PUD's resignation from NADD???? Big friggin deal. So PDOIS and Halifa are blamed for NADD's disintegration. And so what as my friend from Bakau is wont to quip. There was and is no NADD as we had envisaged it. What're you gonna do about it? See if you'd had your own party, you could have blamed PUD-UK forth.The truth will always prevail and politicians will come and go but the fact of records will be indelibly mark on the walls of history for the purpose of posterity.That wall of history has indelible cracks within it you know. Be careful where you place your webs. Tread gingerly my friend. This is all you got??? I don't know what cave you've been living in all these years!!!!!!!!!Rhetorically, where are the proactive groups like UDP/ US branch? Are they functional or dead? This UDP/US branch was so powerful that it has an endemic effect that scared president Jammeh to dead.Whaddoyou mean rhetorically???????? To death. I suppose since you can't see them anymore, Freshident Jammeh must rest easy right??? Is that such a bad thing Badou? Freshident Jammeh's peace of mind???Why Darboe should allow such political fragmentation?Did you ask Darboe???Is he aware of what is going on and the colossal effects it is going to have on the party?Why do you care Badou???? Do you have so much invested in the Terri-Kaffoh of PUD??? Even I couldn't care less and I am a relative of Darboe I think. Jesus friggin christ!!!!!!!!!!!!!!4) We have also witnessed here the verbatim of a UN document by UDP and their alliance with NRP/GPDP in 2006. They used the said document as a party manifesto. This was a treasonable offense, plagiarism, especially in this academic world.
And you didn't charge PUD/NRP/GPDP with treasonable felony??????????? What kinda citizen are you Badou. Oh I forgot you are a citizen of kaolack!!!!!! Ndaa Boodaa.
I hereby attach a copy of the result of two previous elections so that we can be a better judge if UDP can shade the tears of Gambians in this difficult period of our time.Shed. Now why would you want the PUD to sHED the tears of Gambians?????? At any time??? Are you sure you know what you're talking about Badou? My English teacher Patrick Lavelle told me once; Aaarohna, the most dangerous native is the semi-literate. And my Texarcana churchman once quipped; Aaarooohna, there is no more dangerous group of natives than a bevy of listless stevedores. I declare the two wise men are twins twain. No Badou. Not Mark Twain you idiot. Wallahi if laughter could kill, I'm dead.Do we also expect them to bring a change that will be better than PPP and APRC? (Source IRIN NEWS)
Well since the PUD does not desire nor can it SHED the tears of Gambians, I suppose they can be relied on to usher in a new era, better than both APRC and PPP. Whaddoyou think badou?????? That is if APRC and PPP SHED the tears of Gambians. Wouldn't you say, you Kaolack idiot???Badou, thanks for sharing the wonderful information below. I loved it. Did you? I trust you read it before sharing it with us?????????????????????????????????????????//@@@@@@@@<<<<<<<<<<<)))))))))) Sorry Chris of Guadalajara.Haruna.
The United Democratic Party is a conservative political party in The Gambia, affiliated to the International Democratic Union, founded in 1996 by the human rights lawyer Ousainou Darboe. As a candidate in the presidential election of 18 October 2001, he came second with 32.6% of the popular vote; he took second place again in the 22 September 2006 presidential election with 26.7% of the vote. The 17 January 2002 parliamentary election was boycotted by the party. In the 25 January 2007 parliamentary election, the party won four out of 48 seats.[1]In 2005 UDP joined the opposition National Alliance for Democracy and Development which only lasted for a short term due to differences in opinion among the various leaders of the opposition. The UDP is the most popular opposition party in the Gambia, polling nearly 35% and 27 % of the votes in the 2001 and 2006 Gambian presidential elections respectively (BBC News). However, due to suspicion of unfair voting practices the leader of UDP has declared openly that he is not willing to accept the results of the 2006 presidential election.The motto of the United Democratic Party (The Gambia) is Justice, Peace and Progress and the party flag is bright yellow in color with a unity handshake depicted in the center (UDP Manifesto). The party practices two methods of memberships: a) individual and b) affiliate consisting of farmers' groups, trade unions, culture groups and youth groups etc.The executive members of UDP include - Yaya Jallow, Ebraima Manneh, Amadou Taal, Lawyer Mariam Denton and Momodou N Shyngle Nyassi etc among others.There has widespread reports in the Gambia of torture and arrests of UDP stalwarts who claim to fight against an authoritarian government led by President Yahya Jammeh of the ruling APRC party
From: yanks dabo <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, August 5, 2010 5:04:19 PM
Subject: Re: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements
"I will continue educating these folks who needs to go back to school and
beg their degrees once more if told there is one already or not". Banura Samba
Mr Samba, indeed you are one egoistic fool of this forum. Less you failed to notice,
no one is in need of grammar class than yourself, Professor.
So teach yourself to write better than your prospective students and save us your
empty bravado.
Nemesis Yanks
Date: Thu, 5 Aug 2010 11:12:59 -0700
From: [log in to unmask]
Subject: Re: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements
To: [log in to unmask]
Nyang, not all who go to school and graduate with a degree in law or other areas can think out of the box. This is the most frustrating and pathetic sides of Gambians. Those whom you considered to know better are the ones blundering and pretending to outwit the masses. In this forum should be meant to enlighten but not to cow tow or succumb to the ill conceived and perception of others. I will continue educating these folks who needs to go back to school and beg their degrees once more if told there is one already or not.
Thanks ,
Badou
From: Modou Nyang <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, August 5, 2010 4:30:04 AM
Subject: Re: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements
From: Banura Samba <[log in to unmask]>
Subject: Re: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements
To: [log in to unmask]
Date: Wednesday, August 4, 2010, 2:29 PM
From Daffeh ,"Suntou, I have just asked the guy to read the statement again, he seems glueless", it should be clueless. Contrarily to your point of view (POV) , if I seemingly sound "glueless" (clueless) you must be held responsible for it because I can't get it why this didactic narration here instead of analytical analysis's that will bring everybody on board. Mr.Daffeh ,I humbly begged to defer with your adjectival clause "-------glueless" (clueless) instead you are the vary one who is cluesless. All what I have stated is that UDP must accept their error and all the oppositions , including PDOIS, NRP , you name them , must stop attacking each other.
With all honesty and respect I have for UDP , I must state this here that certain so called members jump into conclusion by throwing out invectives unto others who critiques UDP and its leadership instead of engaging them into a constructive discussions. A notable example of this is Haruna who most often doggedly insult people for no reason or he is boozing out of control. I must commend Suntu this time for making a sound analysis but went ahead to inflict some personal attacks which we do not need at this time.
Thanks..
Badou.
'
From: UDP United Kingdom <[log in to unmask]>
To: [log in to unmask]
Sent: Wed, August 4, 2010 9:24:49 AM
Subject: Re: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements
Suntou, I have just asked the guy to read the statement again, he seems glueless.well done on your piece.DaffehOn 4 August 2010 15:13, UDP United Kingdom <[log in to unmask]" rel="nofollow" target="_blank">[log in to unmask]> wrote:
Maybe you need to read the release again.Kind regardsDaffehOn 4 August 2010 07:25, Banura Samba <[log in to unmask]" rel="nofollow" target="_blank">[log in to unmask]> wrote:
UDP/UK Members,
It is rather paradoxical and whimsical to state that "largeregistration of NADD as a political party was a disaster". Mr. Daffeh , you tend to refute Halifa's statement that "the registration was a constitutional requirement".
In a hindsight, I hold UDP entirely responsible for the disaster you are claiming here, why? When the MOU was written and tabled out where were you, Daffeh and all the intellectuals of UDP? The UDP I used to know, equipped and surrounded with well educated and informed people , where are Borro susso's? Where you blindfolded into signing the MOU without foreseeing these issues ? Why didn't you point out , raised those concerns and blatantly refuse the formation of NADD, hence you know the unconstitutionality of it ? But you accepted everything in it and even Darboe went to the court to deffend NADD's constitutional requirement.Why would Darboe waste his time ,resources and energy , knowing fully well that the verdict of the court will not be on their sides (NADD)?
There is nothing more than intellectual suicide by an intellect who appends his signature to a document and he or she takes a U-turn and said it was a mistake (disaster). I totally find your press release disturbing and misleading because at this hour who will believe you and Darboe in your attempt to convince the Gambians? Just apologize to Gambians because you have betray them, period rather apportioning the blame on each other. I think UPD/UK would have engaged the Diasporas; and Gambian opposition at home with the topic reconciliation and unity rather than precipitating the flames of disunity. This is absolutely going to be dejected result of 2006. Where no one gains except fortifying Jammeh's grip on power. Analyzing and blaming each other millions times as Joe Stated will not help or bring changes for 2011.
HISTORY HAS WARNED US IN 2006 AND STILL WARNING US FOR THE LAST TIME , 2011.
BADOU.
"Abaraka allah ma sundomo yelehla"
Subject: Press Release:- UDP/UK's Response to Halifa Sallah's Press Statements
From: UDP United Kingdom <[log in to unmask]" rel="nofollow" target="_blank">[log in to unmask]>
To: [log in to unmask]" rel="nofollow" target="_blank">[log in to unmask]
Sent: Tue, August 3, 2010 12:33:59 PM
31st July 2010On the 26th June 2010, the spokesperson of PDOIS and former flag bearer of the National Alliance for Democracy and Development [NADD], Mr. Halifa Sallah, in a response to the UDP leader’s statement to the recently concluded Jarra Soma Congress, that the and utterly laregistration of NADD as a political party was a disaster, issued a press release stating that the registration was a constitutional requirement. He cited section 60 of the Constitution to back his claim. The United Democratic Party [UK Chapter] dismisses this statement as irresponsible, deceitfulcking basis. This is a statement that hitherto formed part of a desperate attempt to distort facts and hoodwink the Gambian public on the subject of what actually led to the collapse of NADD the alliance but which has now turned into a complete farce. Here are the facts;
Press Release: - UDP/UK’s Response to Halifa Sallah’s Press Statements
In the preamble of the Memorandum of Understanding [MOU] that established NADD, the signatory parties including PDOIS indicated a clear and expressed will to establish an alliance. The opening words of the preamble are as follows;
‘‘We, the undersigned representatives of opposition political parties who seek to establish an alliance.......’’
The signatory parties further went on to explicitly declare, under Article 1 of the same MOU, the establishment of an alliance called NADD. This is what Article 1 states;
‘‘An alliance is hereby established. The name of the alliance is National Alliance for Democracy and Development with the acronym [NADD].’’
All other subsequent provisions of the MOU also went on to either describe or made reference to NADD, explicitly, as an alliance. There is no single reference to it as a political party or a merger in the entire MOU, not even by the provisions which Halifa sought to rely on i.e. Articles 8 and 16. In fact, both Articles 8 and 16 have made explicit reference to NADD as an alliance. The opening words of Article 8 are as follows;
‘‘The selection of the candidate of the alliance.........’’
Those of Article 16 are as follows;
‘‘The alliance shall have.......’’
It is therefore explicitly and crystal clear that NADD was established as an alliance. This is beyond questioning as it is an incontrovertible fact.
Why was NADD Registered as Political Party then
Two conflicting statement have been advanced by Halifa as to the true status of NADD prior to the withdrawals of the UDP and NRP. In paragraph 12 of his press release, he stated that NADD was established as a party but went on to claim in paragraph 13 of the same release that NADD is a merger. These are contradictory and irreconcilable positions, and it clearly shows that Halifa was either being disingenuous or he is totally confused as to what was actually envisaged by the MOU that established NADD.
The constitution does not speak in the language of an ‘‘umbrella party’’ hence, our decision to avoid using that phrase all together. We have therefore chosen to focus on setting the records straight in the light of what was envisaged in NADD’s MOU vis-a- vis the relevant constitutional provisions.
Halifa has posited that by virtue of Articles 8 and 16 of the MOU, it is a requirement that NADD put up candidates in its own right and under its own banner. However and without prejudice to this claim, there is no explicit postulation of this under either Article. Article 8 is more concerned with selection process rather than anything else, while Article 16 talks about symbols. This is what Article 8 states;
‘‘The selection of the candidate of the alliance for the presidential, National Assembly and Council elections shall be done by consensus; provided that in the event of an impasse section shall be done by holding a primary election restricted to party delegates on the basis of equal number of delegates, comprising the chairman, chairwoman and youth leader of each party from each village/ward in a constituency.’’
Article 16 states the following;
‘‘The alliance shall have an emblem, colour, motto and symbol to be determined within one month of the coming into force of the agreement with the full participation of supporters and sympathizers.’’
It is to be noted that both Articles 8 and 16 do not stand alone but form part of a broad instrument, the context of which has been well defined by the preamble. It therefore follows that whatever inference is made into or can be deduced from the wordings of Articles 8 and 16 combined, it cannot be deemed to have somehow rendered the explicit terms of the MOU obsolete or having taken precedence over them, - that would not only be outlandish and perverse but also inconceivable- but must be construed in the light of the expressions and explicit declarations made under the preamble and Article 1 which provide the cornerstones of the MOU that established NADD.
Under Section 60 of the Constitution, only a political party can sponsor candidates in its own right and under its own name in any given election. Therefore, even if the status of NADD is that of a merger as posited by Halifa, it would still be impossible, constitutionally, for it to put up candidates under its own name in any given election. This is what Section 60 states;
‘‘No association, other than a political party registered under or pursuant of an Act of the National Assembly, shall sponsor candidates in public elections.’’
Given that NADD was established, explicitly, as an alliance, the effect of Section 60 also meant that the inference Halifa has been making into or purportedly deducing from Articles 8 and 16 combined could not have been enforceable without having to re-write the MOU all together. In other words and given that Articles 8 and 16 provisions were promulgated in the context of an alliance, NADD could not sponsor candidates under its own name while still maintaining the status of an alliance. It is therefore not a constitutional requirement that NADD be registered with the Independent Electoral Commission but rather a constitutional inhibition that it [NADD] could not put up candidates in its own right and under its own name while still operating within the frame work of the MOU that established it. If Halifa had not arrogantly rejected UDP’s advice that NADD appoints an independent lawyer to guide and advice the alliance on constitutional matters, he would have been better advised on this point.
Section 60 of the constitution had undoubtedly posed a challenge to NADD. It presented them with two options; they could either re-negotiate the terms of the MOU and transform the alliance into a registered political party should they desire to contest and put up candidates under NADD ticket; or they can leave it as it is and choose one of its constituent parties as a vanguard under whose name the alliance would sponsor a candidate in the presidential election. Under Article 10 of the MOU, it would have required the unanimous agreement of all constituent parties for any of the two options to be adopted. This is what Article 10 states;
‘‘Decision making at all levels of the committees of the alliance shall be based on the principle of unanimity provided that matters of procedure shall be determined on the basis of simple majority of the delegates present and voting. In the event of the need to break an impasse the delegates may agree unanimously to make a decision by consensus.’’
As the coordinator of the alliance, it was Halifa’s responsibility to seek a unanimous agreement as to which path to take. However, since PDOIS has it as an entrenched position right from the onset, not to play a second fiddle to the UDP and its leader, Halifa decided it was best for him to blatantly circumvent the MOU, and instructed one of his flunkies to wittingly register NADD as a political party without the unanimous agreement of the signatory parties, and despite strong opposition from the UDP. This is how NADD was turned into a political party, and it is the turning point that marked the beginning of the collapse of NADD the alliance. That is why the UDP leader described it as a ‘disaster’.
It has been suggested in some quarters that the registration of NADD might not have been a significant factor in its disintegration since there was a time lapse between the registration and the withdrawal of the UDP and NRP from the organisation. This is ludicrous. Shortly after it became clear that NADD was registered as a political party, the UDP leader informed its executive [NADD’s executive] that he would consider his position within the organisation in the light of the new development. The decision to withdraw required a process that had to be exhausted with all relevant factors and issues including subsequent ones, examined before a final decision could be made. Thus, what was of essence to the UDP was making the right decision, and indeed they have done that and at the right time.
The Supreme Court Judgement
It has long been an established fact that NADD lose parliamentary seats as a result of its registration with the Independent Electoral Commission which the Supreme Court deemed as amounting to registering a political party. Hence the Supreme Court’s determination that by virtue of section 91 of the Constitution, the concerned parliamentarians could not remain members of the National Assembly while belonging to two distinct and independent sovereign political parties at the same time; their original parties on one hand and NADD the other. This is now case settled law. However, if Halifa has issues with this, then the best forum for addressing such issues is the Supreme Court, not the media. Under Section 127 of the Constitution, only the Supreme Court has the jurisdictional competency to hear such matters. This is what Section 127 states;
‘‘The Supreme Court shall have exclusive original jurisdiction for the interpretation or enforcement of this constitution other than any provision of sections 18-33 or Section 36[5] which relate to fundamental rights and freedoms.’’
Under Section 5 of the Constitution, there is an unrestricted standing-no need to show sufficient interest- for ‘anybody who alleges that an Act of the National Assembly or anything done under its authority, or any act or omission of any person or authority is inconsistent with or is in contravention of a provision of the constitution to bring an action in a court of competent jurisdiction for a declaration to that effect.’ Therefore, if Halifa is really interested in clarifying the position of the law on this issue rather than mere political posturing, he should either file an appeal at the Supreme Court on behalf of NADD or make a fresh application in his own right and prove his point. We look forward to seeing him arguing his case in the Supreme Court, and we hope this will be done sooner rather than later.
Halifa’s assertion that NADD is a merger because the Independent Electoral Commission had conceived it as such is utterly frivolous and unintelligent. The IEC may be entitled to form an opinion of their own but they are certainly not the custodian of the law. They too are subject to the law just like anybody else.
Under Section 60 of the Constitution, only registered political parties are able to sponsor candidates in a public election. Hence, the IEC could not have registered NADD as a merger for the purpose of contesting and sponsoring candidates in public elections. It follows therefore that the only way NADD could have made a valid registration with the IEC for the purpose of contesting and sponsoring candidates in public elections is to be registered as a political party and be deemed as such by law. As a matter of a point worth reiterating, the MOU that established NADD had envisaged the establishment of an alliance, not a political party.
The United Democratic Party [UK Chapter] urges every Gambian to be mindful of certain opposition elements who are hell bent on stoking controversy and division among opposition supporters thereby aiding President Jammeh’s politics. As the 2011/12 election cycle approaches, we urge all Gambians to be united and rally behind the main opposition United Democratic Party under the resolute leadership of Alhagi Ousainou Darboe, and face the 2011 presidential election with determination, unity of purpose and a sense of duty to our beloved country, the Gambia.
THE END.
Issued by: The Executive Committee, United Democratic Party [UK Chapter]
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