Burama,
I think that is the subject of the application to the High Court, i.e. whether the Magistrate Court can hear the law making powers of the president. The president can only ascent to the bills that were passed by the national assembly. Our so called president, though 'legislate' using televisions.He can only make administrative orders like any minister, but those orders will have to conferred in an Act of the NA. I am not aware of any such acts.
KR
Kejau
Date: Sat, 20 Sep 2014 11:42:49 -0400
From: [log in to unmask]
Subject: Re: Defence Files Appeal in Caliph General's Case
To: [log in to unmask]
Does the president has powers Constitutionally (or Act of NA) to make religious decisions - when to pray, where to pray/not pray, what religions to practice/not practice, etc?
Why should a president of The Gambia (for that matter any democratic republic) care when citizens choose to have Eid, Christmas, rituals or nothing on all or none of the the 365 days of the year?
If any of these are answered in the positive - another proof we're further away from what we were supposed to be on 2/18/65.
A testament that our fight is different from what many make it to be.
To have this argue in our court sums it all!
Burama
On Saturday, September 20, 2014, Kejau Touray <[log in to unmask]> wrote:
Thanks Baba and LJD,
I believe the magistrate erred in law as the contention is not interpretation under Section 127(1)(a) but under 127(1)(b): (b)on any question whether any law was made in excess of the powers conferred by the Constitution or any other law upon the National Assembly or any other person or authority;
The contention was whether the 'lawful command' of the president for the country not to pray on the second day of Eid, was in fact law as prescribed under Section 7 of the Constitution. Yaya Jammeh must have thought he still is the military police commander of the whole country, as it is in the military that you see disobedience to a lawful command.
Kind regards,
Kejau
Date: Sat, 20 Sep 2014 00:21:35 +0100
From: [log in to unmask]
Subject: Re: Defence Files Appeal in Caliph General's Case
To: [log in to unmask]
Kejau This is a substantive dispute that must be decided in favour of the Caliph General, i.e., on any sensible interpretation of the pertinent law, he should be acquitted and discharged. To the extent that the right at stake is absolutely clear, the case should end at the prosecution phase through a successful "no case to answer" submission. However, the ruling is right that the Magistrate Courts are competent to hear a case of this nature. Please refer my argument on the precise point when Karamba Touray asked me to look at the relationship between the Constitution and the "false information" law a few years ago. Refer to the excerpt below from "False information to public servant: the Constitution, and Section 114 of the Criminal Code". The material was published in several online papers. In pertinent part, I contended: "... On the limited facts of the IGP v Momodou Lamin Nget, the Supreme Court, if it accepts jurisdiction, should rule for the defence by staying this prosecution as prayed for by Counsel. However, the issue concerns a possible conflict between the Constitution, and inferior legislation, and there is therefore no compelling argument for the Supreme Court to take jurisdiction at this level. Even if this is purely an issue of Constitutional interpretation, the Supreme Court may still decline jurisdiction depending on what section of the Constitution is implicated in a particular dispute. According to 127 (1) (a) of the Constitution, “the Supreme Court shall have an exclusive original jurisdiction (a) for the interpretation or enforcement of any provision of this Constitution other than any provision of sections 18 to 33 or section 36 (5) (which relate to fundamental rights and
freedoms)”. As the substantive arguments against .Section 114 are in Chapter IV of the Constitution - the fundamental rights and freedoms �C other, lower echelon courts are capable of deliberating on this matter ..." The defence has a strong case and counsel should wait for a
substantive judgement to consider next steps. He can actually succeed at the trial stage LJDarbo
On Friday, 19 September 2014, 22:48, Baba Jallow <[log in to unmask]> wrote:
It is so inhuman to harass this innocent and well respected religious leader who has committed no crime at all against the constitution and laws of The Gambia. It is so tragic that in our country, the word and ego of the president trumps the dignity and constitutional rights of all the people and could be the basis of such brutal harassment against an innocent man. May the Just and True God punish the source of this naked injustice and all who help perpetrate
it. BabaOn Fri, Sep 19, 2014 at 1:57 PM, Kejau Touray <[log in to unmask]> wrote:
Defence Files Appeal in Caliph General's CaseShareThe lawyer for defendant, the sitting Caliph General of Sanghajor, Muhideen Hydara and the Alkalo of the village,
Buyeh Touray, Antoumane Gaye, filed an application to the High Court in Banjul requesting a stay of execution as well as for the court to direct the magistrate court to refer the case to the Supreme Court as the competent and the appropriate court with the jurisdiction to hear cases like this. Readers will recall that Magistrate Omar Cham of the Brikama magistrate court on the 04 September 2014, dismissed the application of the defendant to refer the case to the higher Supreme Court, see our previous news article on the judgment delivered, Caliph General's Case.The defence counsel appeared at the magistrate court in Brikama, on 18 September 2014, to inform of this development, whilst another police prosecutor appeared for the assigned police prosecutor, Touray has been transferred and his replacement is yet to be available. The particulars of the appeal were that only the Supreme Court could hear cases such as this where there is a dispute that the authority, in this case the President, is not competent to legislate or 'give order' and that the case is in the purview of the Supreme as it is concerns interpretation of fundamental rights that only that court can interpret, as there was a difference in treatment. Read MoreComment (0)Hits: 0Date: Fri, 19 Sep 2014 14:16:28 +0200From: [log in to unmask]: The Gambia Democracy Challenge - National FundraiserTo: [log in to unmask]
The Gambia Democracy Challenge - National FundraiserShare FOR IMMEDIATE RELEASESeptember 18, 2014National FundraiserOn Thursday September 11, 2014, an initiative called The Gambia Democracy Challenge was launched. Its purpose is to serve as the primary vehicle for mobilizing resources from all Gambians who recognize the fierce urgency we face as a nation. As is
the case throughout history, nations that aspire to free themselves from the clutches of tyranny must draw from the goodwill and participation of their citizens to muster the required resources to see their struggle through. This is why a solemn appeal is being made to every one of our citizens aggrieved at what is happening to our nation and its people to donate at least ten dollars to a general fund to be managed transparently by a small team of custodians who are responsible only to the donors. With funds in hand, both the pace and direction of our struggle would be enhanced because of the inherent leverage that comes with having money in the bank. To succeed, participation in the challenge has to be broad in scope, sustained over time, and project numerical strength. Read MoreComment (0)Hits: 0Date: Fri, 19 Sep 2014 11:13:34 +0100From: [log in to unmask]: Gambia Needs No Federal Constitutional Arrangement With SenegalTo: [log in to unmask] comments on LJD material. Gambians should not even dream of union with Senegal. http://www.kaironews.com/politics/the-gambia-needs-no-federal-constitutional-arrangement-with-senegal/
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