Buharry,Dampha,Hamjatta,

Thank you for your zeal and vigilance. Mind you with intelligence and
fairness which are rare qualities for a partisan.

Buharry, you are right in taking Joof's assertion as was presented in his
statements to the paper, and in your conclusion that Darboe's qualification
or legality is not in the least bit affected by Joof's fears of
non-completion of the judge's order.

I re-read Joof's statements, and I came to realize that his legal education
notwithstanding, the man is not adequately literate in the English language.
For example, one can have a degree in medicine but that does not make
him/her a reliable doctor. One can have a degree in engineering but must not
be entrusted with engineering a facility intended for public use. One can
seize power but is incapable of leadership. With that background, I
attempted to figure out if Joof mis-spoke by not pausing when he should to
convey his thoughts properly or maybe his limited vocabulary in the English
language and therefore economy in words prevented him from adequately
communicating his thoughts.

Say Joof meant to say that the Judge's order for Darboe to repay the sum of
money still issues but that Darboe's subsequent appeal of the Judge's order
was what was dismissed. I don't know that a judge can dismiss a writ of
certiarori directly challenging his/her order. The appellate court is the
one charged with that responsibility - that is how jurisprudence earns its
noble position in society. Oh Haruna, maybe another judge ordered the
dismissal of the appeal. Well I'll be. What then prevented the enforcement
of Judge Grant's original order all these years. Mr. Darboe I believe had
been in the public domain, has not been hiding or barricaded in his Kanilai
of a village. In fact if I remember correctly, he has been an important
member of his political party-the UDP. In law therefore, erroneous
adjudications are checked by a statute of limitation or transfer to
appellate courts and proper notification of defendants as to appellate
ruling. Should we therefore conclude that enforcement of judge Grant's order
absent a stay by an appellate court has only now become important with
october breathing down the idiot's neck? Matkhafish min rabbak???

Dampha and Hamjatta, I know you go to great pains in warning of civil strife
and popular expression of disgust and revolt but I would add that Gambia has
been a smoldering cinder block waiting for fuel to ignite. And contrary to
fears expressed by many that Gambia would become another Sierra Leone or
Liberia, I wish to assure you that Gambia's liberation will be swift and
surgical. So we must not be paralysed into inaction by such ridiculous
fears. Each episode in a nation's history has a unique charater, as varied
as the topography and culture of the inhabitants. If you compare the genesis
of a Sierra Leone, a Liberia, an East-Timor, or a Yugoslavia for that
matter, you will encounter unique developmental paths toward their results.
The outcome of national impulse and passion may not be predictable but it
always overwhelms bullets and tanks. Witness Boris Yeltsin and Gorby and the
soviet masses. The reason is because there are humans behind the AKs and the
tanks. Ethnic loyalty can only be sustained to a certain hiatus and my
familiarity with military hardware has yet to yield one that could overcome
the fear of an approaching hoarde of humans. Pure paralysis. Ask Gaddafi to
tell you the story of Awwalu September. Fil haaja Takminul Hurriya.


>From: MOMODOU BUHARRY GASSAMA <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Joseph Joof and APRC Pulls another one
>Date: Wed, 22 Aug 2001 01:05:00 +0200
>
>Hi!
>     I must first of all register dismay at the statement by Mr. Joof that
>there is the possibility that Mr. Darboe might not be allowed to run for
>the
>Office of President of The Gambia. This registration of dismay stems from
>the fact that I foresee untold calamities for our dear country if this ban
>becomes actual. This is due to the fact that I cannot fathom UDP and the
>other parties and their supporters silently accepting this ban especially
>on
>the grounds upon which the ban is premised. The sections of the
>Constitution
>on which Mr. Joof is relying read:
>
>"62. (3) A person who, while holding public office in The Gambia has been -
>     (a) compulsorily retired, terminated or dismissed from such office; or
>     (b) has been found guilty of any criminal offence by any court or
>tribunal established by law; or
>     (c) or has been found liable for misconduct, negligence, corruption or
>improper behaviour by any     commission or committee of enquiry
>established
>by law
>
>shall not be qualified for election as President."
>
>It is clear that Mr. Joof is relying on subsection 3 (c) of  section 62 to
>disqualify Mr. Darboe. The question that arises is whether this subsection
>disqualifies Mr. Darboe. I have to state here that I am completely
>ignorant
>of the outcome of the proceedings of the Grant Commission in relation to
>Mr.
>Darboe but according to the forwarded article, "SoS Joof disclosed that
>under section 62(3), Darboe was ordered by a commission of inquiry into the
>activities of the Social Security and Housing Finance Corporation to pay
>back money to the SSHFCand that he appeared before Hon
>Justice Grant to challenge that order. He said the court dismissed that
>order on a preliminary objection, "so that order is still valid," ". If I
>understand what is being said here, Mr. Darboe challenged an order against
>him and the court dismissed the order on the basis of a preliminary
>objection. The order was therefore dismissed which if interpreted in
>everyday English means that Mr. Darboe was not actually found guilty
>because
>the case was never finalised. As things stand, I don't think the onus is on
>Mr. Darboe to prove anything. What happened when the order was thrown out?
>Was that the end of the case? Did both parties just let things die down? If
>so, what is Mr. Joof relying on to say that "the order is still valid"? If
>you are found guilty of something and sentenced and you appeal and the
>sentence is nullified on the basis of an objection, you are deemed not to
>be
>bound by the sentence. If the State had appealed against the throwing out
>of
>that order on the basis of the preliminary objection and the order was
>reissued, then we can say that Mr. Darboe had been found guilty. Going by
>what Mr. Joof stated, it can be safely deduced that the State did not
>challenge the dismissal of the order and that the Commission did not have
>the order reinstated. How can the order be therefore "valid"?
>     On Mr. Darboe's disqualification with regard to the National Assembly,
>Mr. Joof is relying on section 90 (e) which disqualifies a person from
>inclusion in an electoral list if the person:
>
>"has been found guilty by the report of a commission or committee of
>inquiry
>(the proceedings of which have been held and published in accordance with
>the relevant law) to be incompetent to hold public office by reason of
>having acquired assets unlawfully or defrauded the State or misused or
>abused his or her office, or wilfully acted in a manner prejudicial to the
>interests of the State, and the findings have not been set aside on appeal
>or judicial review;".
>
>     The emphais here is on "THE FINDINGS HAVE NOT BEEN SET ASIDE ON APPEAL
>OR JUDICIAL REVIEW". Where is the basis for disqualification here? Mr.
>Darboe might have been found guilty and ordered to pay but the order was
>dismissed or SET ASIDE when he appealed. Mr. Darboe is therefore not
>disqualified according to this section.
>     Unless the case was finalised and the order reinstated and Mr. Joof
>failed to mention that, I don't think the Constitution disqualifies Mr.
>Darboe from standing as a presidential candidate or a National Assembly
>member. It would therefore be a grave mistake on the part of the State to
>disqualify Mr. Darboe on such a basis especially at this present moment in
>Gambian politics. I would therefore advise or even appeal to Mr. Joof to
>reconsider the basis of this disqualification and urge the IEC to really
>ponder the legal basis upon which this disqualification will rest should
>the
>State pursue it and be absolutely sure that whatever it decides is based on
>sound legal reasoning. The basis of my appeal is premised upon the fact
>that
>this is an election year in a tense country in an unstable region and the
>public servants upon whom this decision rests have a responsibility and
>moral and all other obligations to do their best to keep the country away
>from civil strife. I just have a feeling that if Mr. Darboe is disqualified
>on this basis, the country is going to witness civil strife because any
>action in relation to trying to ban Mr. Darboe will be interpreted in this
>election year as an attempt by the State to rig the elections. This will in
>turn have repercussions that might not augur well for our country. I
>therefore appeal again to all concerned to really look into the basis for
>disqualifying Mr. Darboe and do something that one would happily stake
>one's
>honour on. Thanks.
>
>Buharry.
>
>
>
>
>----- Original Message -----
>From: "Dampha Kebba" <[log in to unmask]>
>To: <[log in to unmask]>
>Sent: Tuesday, August 21, 2001 9:02 PM
>Subject: Re: Joseph Joof and APRC Pulls another one
>
>
> > Joke of the millennium. Just like Pap Cheyassin Secka mishandled the
>Report
> > of the Commission of Inquiry looking into the Massacre of our children
>on
> > April 10 and 11, 2000, Joseph Joof is also digging his own grave. The
>moron
> > is going to plunge the country into civil war. That this man calls
>himself
>a
> > lawyer and then make such ludicrous statements is just beyond me.
>Instead
>of
> > the IEC, now it is Yaya and Joseph Joof that determines who is running
>and
> > who is not. This is what always angers me about the moralizers in this
>forum
> > and elsewhere. People see this blatant injustice and provocation and
>they
> > say nothing until the Opposition retaliates to stand its ground. If I
>were
> > Darboe and the Alliance, we would NOT even react to the vermin (Joseph
> > Joof). That would just make the nonentity feel important. Is this not
>the
> > vermin that came to the United States and ran away when people started
> > asking him questions?
> >
> > Now, the vermin has the courage to stand up and say that our Alliance
>leader
> > will NOT run in the elections. The mental midget does NOT even have the
> > wherewithal to rationalize why Darboe should be banned.  What we are
> > witnessing here is sheer panic. The vermin know that the momentum is
>with
> > the Opposition. They have heard about the crowds and the intensity in
> > Brikama. They have heard about the determination of the Gambian people
>NOT
> > to let Yaya steal these elections. They know that everyone hates them in
>the
> > country. PPP supporters they intimidated in the past are now supporting
>the
> > Alliance. Yaya does NOT have any plans for the future of the country.
>His
> > record sucks. It is one of murder, mayhem, destitution (for ordinary
> > Gambians) and rampant corruption (for Yaya and his cohorts).
> >
> > Yaya and his gang know that 'repealing' Decree 89 spelt their final
>demise.
> > They are now engaged in damage control. Seeking other means to ban
>people.
>I
> > knew Joseph Joof was a moron, but I would have thought that the
>knucklehead
> > would at least come up with a better 'legal' means to BAN Darboe. This
> > citation of the SSHFC Commission and the Constitution is laughable. If
> > Joseph Joof thinks that he and his boss (Yaya) can prevent Darboe from
> > running, he must be the biggest moron in the country. They tried
>preventing
> > us from getting an Alliance. Needless to say, they failed. Now, all they
>are
> > doing is testing the waters to see how else they can rig the elections.
>I
> > say: ignore the morons. Let the Alliance just take their papers to the
>IEC
> > and see whether Gabriel Roberts will have the guts to reject the papers.
>If
> > the papers are rejected and Darboe is prevented from running, anything
>that
> > happens will be on Yaya's head. If I were Joseph Joof, he should be
> > preoccupied about regularizing Yaya's papers. Whereas every Gambian
>knows
> > that Ousainou Darboe is a Gambian and people know Darboe's ancestors,
>there
> > are doubts about Yaya's citizenship. How many Gambians know Yaya's
>parents
> > and where they came from? The callous way the vermin has treated the
>Gambian
> > people (especially our children that were slaughtered April 10 and 11,
> > 2000), only goes to show that the low-life is NOT a Gambian. If the IEC
> > accept his papers, the Alliance should sue the APRC and the IEC for
>fielding
> > an ALIEN as a candidate in elections meant for Gambians. How about that?
>The
> > knucklehead (Joseph Joof) deserves a knuckle sandwich for uttering such
> > preposterous words. DARBOE WILL BE BANNED. This is hilarious.
> > KB
> >
> >
> >
> > >From: Malamin Johnson <[log in to unmask]>
> > >Reply-To: The Gambia and related-issues mailing list
> > ><[log in to unmask]>
> > >To: [log in to unmask]
> > >Subject: Joseph Joof and APRC Pulls another one
> > >Date: Tue, 21 Aug 2001 18:17:48 +0000
> > >
> > >From the Daily Observer
> > >
> > >CAN DARBOE RUN FOR PRESIDENT?
> > >
> > >by Augustus Mendy Political Desk
> > >
> > >As activities for the presidential election reaches its climax, the
> > >Attorney
> > >General and Secretary of State for Justice, Joseph Joof, has disclosed
>that
> > >Ousainou Darboe, coalition presidential candidate has to prove to the
> > >Independent Electoral Commission that he is eligible to contest the
> > >forthcoming elections. Speaking to the Daily Observer yesterday, SoS
>Joof
> > >disclosed that under section 62(3), Darboe was ordered by a commission
>of
> > >inquiry into the activities of the Social Security and Housing Finance
> > >Corporation to pay back money to the SSHFCand that he appeared before
>Hon
> > >Justice Grant to challenge that order. He said the court dismissed that
> > >order on a preliminary objection, "so that order is still valid," he
> > >outlined. SoS Joof challenged Ousainou Darboe to satisfy the IEC
> > >requirements and the public regarding the order made against him by the
> > >commission which is still valid does not result in him being "caught by
>the
> > >above section of the constitution". "Obviously, if he is disqualified
>under
> > >section 62, then he is not qualified under section 90 for National
> > >Assembly," SoS Joof reasoned.
> > >The report of the commission indicated that "it was the unanimous view
>of
> > >the commission that the work could not be seen easy, to have been
>eagerly
> > >pursued since the source of the D30,969 came from public funds, the
> > >commission would respectfully order Mr Darboe to refund it to the
> > >corporation through the office of the Accountant General within six
>weeks".
> > >SoS Joof outlined that nomination of candidates requires that every
> > >aspiring
> > >presidential candidate satisfies and fills a declaration addressed to
>the
> > >IEC to show that they have not been liable for misconduct, negligence,
> > >corruption or any improper behaviour by any commission or committee of
> > >inquiry. "So it is for Darboe to prove that the order made against him
>by
> > >the commission of inquiry into the activities of the SSFHC does not
>fall
> > >under this section. "He has to satisfy the people and the IEC before he
>can
> > >be a presidential candidate even though the Brikama rally was talking
>about
> > >parties choosing him." Commenting on the political parties, SoS Joof
> > >disclosed that they are yet to get the final list from the IEC.
> > >GPP and NCP said they had registered but it has to be confirmed, PDP
>says
> > >they have no money, but what is more important is for them to register
>in
> > >accordance with the IEC. "Just saying we are back as political parties
>is
> > >not enough. You actually have to register," he said. SoS Joof outlined
>that
> > >only APRC, PDOIS, NRP and UDP are recognised as registered parties "UDP
> > >presidential candidate, Lawyer Darboe is yet to meet some
>requirements."
> > >SoS
> > >Joof also said that birth certificates were very important for anybody
> > >whose
> > >age might be called into question if they wanted to contest. "If they
>have
> > >no birth certificates, then dental test and other means could be used.
>They
> > >should be mindful of all these things," he concluded.
> > >
> > >
> > >
> > >>
> > >
> > >_________________________________________________________________
> > >Get your FREE download of MSN Explorer at
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> > >
> >
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