Hello Kalilu

This is my answer to your question.

(1) There is no proviso in the constitution which prohibits a defendant
charged with murder from contesting any election. Section 62(3)(b) of the
Second Republican Constitution states that:

"A person who has been found guilty of any criminal offence by any court or
tribunal as established by law shall not be qualified for election as
President."

(2) Don't forget the legal maxim which states that an accused is presumed
innocent until proven guilty.

(3) Please also note that Mr Sherriff Mustapha Dibba of NCP was able to
contest the Parliamentary and Presidential Elections of  4 May 1982, despite
being charged of treason, an offence which was punishable by the death
penalty. The same applies to the likes of Gibou Jagne and Kemenseng Jammeh,
both of whom were detained under the Emergency Powers Act of 1982 for their
alleged role in the attempted coup of 1981.

(4) At present Lawyer Darboe & Co are merely suspected of murdering Alieu
Njie and the burden now lies on the state to prove it.

Finally, it is the responsibility for all honest and sincere gambians to
await the findings of the trial before declaring Darboe & Co guilty of
murdering Alieu Njie(RIP)







>From: kalilu camara <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Africa News Online - Darboe And Co-Accused Plead Not Guilty -
>             some questions
>Date: Tue, 18 Jul 2000 16:16:28 GMT
>
>Mr Jaiteh,
>Let he who is innocent run for the office, lets see who will be left not
>running for the bushes to hide!!
>
>
>>From: "Malanding S. Jaiteh" <[log in to unmask]>
>>Reply-To: The Gambia and related-issues mailing list
>><[log in to unmask]>
>>To: [log in to unmask]
>>Subject: Africa News Online - Darboe And Co-Accused Plead Not Guilty -
>>         some questions
>>Date: Tue, 18 Jul 2000 08:27:30 -0400
>>
>>Folks,
>>Can a defendant for murder run for an elected office in the Gambia? What
>>does our Constitution say?
>>
>>Malanding Jaiteh
>>
>>
>>http://www.africanews.org/west/gambia/stories/20000717/20000717_feat20.html
>><< AfricaNewsOnline-DarboeAndCo-AccusedPleadNotGuilty.url >>
>
>________________________________________________________________________
>Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com
>
>----------------------------------------------------------------------------
>
>To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
>Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
>
>----------------------------------------------------------------------------

________________________________________________________________________
Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com

----------------------------------------------------------------------------

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html

----------------------------------------------------------------------------