Black's Law Dictionary defines a retroactive law as:

"A legislation that looks backward or contemplates the past, affecting facts
that existed before the act came into effect."

It hastens to add that a retroactive law is not unconstitutional unless it:

"(1) is in the nature of an ex post facto law (meaning retroactive law) or a
bill of attainder (a special legislative act prescribing capital punishment,
without a trial, for a person guilty of a high offense such as treason or a
felony);

(2) impairs the obligation of contracts;

(3) divests vested rights;

(4) is constitutionally forbidden."


I am not a legal expert, but I have no doubt that the current Indemnity Bill
constitutes an outright violation of the rights of the April 10-11 victims.
The right to life is an inherent right of every human being and it is
inviolable.  The shooting death of the students and other civilians is in
contravention of Article 4 of the African Charter on Human and Peoples'
Rights, of which The Gambia is a signatory.

The members of the National Assembly who voted for the adoption of the bill
are selfish individuals who have very little regard for the welfare of The
Gambia.  Apparently, they are just interested in collecting their D7000.00
monthly salaries and singing APRC songs. If they have the interest of The
Gambia at heart, they would have paralysed President Jammeh's government by
now by voting against such discriminatory laws.

The impunity of the Jammeh government is really getting out of hand.  No
light has been shed about the victims of the November 11 so-called coup
attempt. Koro's murder has not been solved, the killers of Sadibou Hydara
are gloating over their ugly crime even when a nurse on duty at the Royal
Victoria Hospital has testified privately about the mutilated body, the
killers of the students are walking the streets of Banjul, etc.

And President Jammeh keeps hiding behind silly decrees and parliamentary
bills.  Well, I hope he knows the Wollof saying "nobu nobu nanjoo".

Hamadi.


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