Published in FOROYAA of 7-10 June, 1999
WHERE JUSTICE LIES ASLEEP, TYRANNY MUST CREEP IN THE DARK TO STEAL THE
TREASURE OF FREEDOM
Letter To President Jammeh on Shyngle Nyassi
Mr President,
The wisdom of the ages teaches that the fastest way tyranny can grip a
nation is for the mouth of justice to be padlocked and the eyes of justice
to be blindfolded. Freedom is likely to be imperilled if a nation lacks
human beings with conscience who see it as their duty to speak the truth
when it is necessary to be spoken without fear or favour, affection or
ill-will.
You would agree with us that the abuse of authority is the building block of
tyranny and the recipe for national disintegration.
Almost two weeks have elapsed since Momodou Lamin Nyassi alias Shyngle
Nyassi was abducted from his home at about midnight. Newspaper reports,
letters and commentaries have been issued on his disappearance. Since then,
the State has been mute on the abduction.
In the Preamble of the 1997 Constitution, it is stated categorically that
+ACI-The fundamental rights and freedoms enshrined in this Constitution, will
ensure for all time respect for and observance of human rights and
fundamental freedoms for all, without distinction as to ethnic
considerations, gender, language or religion. In acknowledging our
fundamental rights we also affirm our duties and responsibilities as
citizens of this country.+ACI-
Section 6, subsection (2) of the Constitution states, among other things,
that +ACI-All citizens of The Gambia have the right and the duty to defend this
Constitution....+ACI-
The Directive Principles of State Policy categorically state under section
220, subsection (1) (b) +ACI-The exercise and enjoyment of rights and freedoms
are inseparable from the performance of duties and obligations, and
accordingly, every citizen shall:
+ACI-(b) uphold and defend the Constitution....+ACI-
Subsection (1) (d) adds that +ACI-..... every citizen shall:
+ACI-(d) respect the rights, freedoms and legitimate interests of others and
refrain from acting in a manner detrimental to the welfare of other
persons....+ACI-
Mr President, as a person in position of public trust, you are obliged to
swear and you have sworn to defend the Constitution without fear or favour,
affection or ill-will. It is, therefore, your duty to give example of how to
defend what you have sworn to defend.
Section 19 (1) of the Constitution states in no uncertain terms that: +ACI-Every
person shall have the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of
his or her liberty except on such grounds and in accordance with such
procedures as are established by law.+ACI-
Mr President, which law permits the detention of a person for almost two
weeks without making any appearance before a court?
The Constitution is not silent on what should be done if a person is
arrested lawfully. Section 19, subsection (2) states categorically that:
+ACI-Any person who is arrested or detained shall be informed as soon as is
reasonably practicable and in any case within three hours, in a language
that he or she understands, of the reasons for his or her arrest or
detention and of his or her right to consult a legal practitioner.+ACI-
Furthermore, section 19, subsection (3) asserts that:
+ACI-Any person who is arrested or detained.
+ACI-(a) for the purpose of bringing him or her before a court in execution of
the order of a court+ADs- or
+ACI-(b) upon reasonable suspicion of his or her having committed, or being
about to commit, a criminal offence under the law of The Gambia, and who is
not released, shall be brought without undue delay before a court and, in
any event, within seventy two hours.+ACI-
All the other portions of Section are designed to protect the liberty of the
person. This is why it even offers compensation for unlawful arrest and
detention.
There is, therefore, no legal basis for the disappearance of Shyngle Nyassi.
The State should, therefore, intervene to secure his release from his
abductors.
Mr President, when a person is Commander-in-Chief of an armed forces+ADs- when
all the security apparatus in a country is under one's command, one can be
misled to believe that one could utilise that power any how. One may be
tempted to teach an opponent a lesson.
You would agree with us that the only lesson that could be taught through
the abuse of power is the essence and ramification of injustice. The way to
teach lesson to an opponent, who may have even departed from decent
political conduct is to allow the law to take its course. The lessons that
the Gambian people need from government is what good governance means in
practice. The Gambian people have nothing to learn from the display of power
by individuals. This would constitute a mystification of the office of
President.
A wise leader is always fully conscious of where the legitimate exercise
of authority begins and ends. Such a person would be fully conscious of the
fact that power belongs to no one, no individual, but the people.
This is why Section 1 of the Constitution states categorically that: +ACI-(1)
The Gambia is a sovereign republic.
+ACI-(2) The sovereignty of The Gambia resides in the peoples of The Gambia from
whom all organs of government derive their authority and in whose name and
for whose welfare and prosperity the powers of government are to be
exercised in accordance with this constitution.+ACI-
This confirms beyond any shadow of doubt that power belongs to the people
and that leaders are mere public trustees who are mere guidance of power.
Common sense teaches us that no individual has power all by himself or
herself. If individual leaders have inherent power, then none would need a
bodyguard. The strongest person on earth can easily be knocked down by
slumber and be stabbed by even a child. Only the ignorant can become
conceited.
It is, therefore, the duty of every wise leader to conceive one's authority
to be a buy-product of the will of a people,. and should, therefore, be
resolved to exercise that authority to enhance the liberty and general
welfare of the people as a whole.
Justice is the only shield which can safeguard a people from the sword of
tyranny. When justice is delayed or denied, liberty and proper governance
must become the casualty.
It is, therefore, necessary for your government to take all these opinions
very seriously.
In our view, the moment has come to put an end to the culture of silence and
apathy by rest of society.
If Shyngle Nyassi is not released by the time you receive this letter, we
will begin a process of national consultation with all those who matter in
this country so as to prepare the ground for concerted action to prevent the
triumph of an unjust and unthinking attitude in the realm of political
conduct.
We will get in touch with all the heads of the religious groups, political
parties, heads of the armed and security forces, Secretaries of State, civic
organisations, embassies, youth organisations, women's organisations in
order to sensitize them about the situation, as well as seek their opinion
regarding the best way of resolving such a crisis.
Mr President, your government prides itself in transmitting to the whole
world that the peace which prevails in the country is itself a national
asset.
This peace should not be taken for granted. The government, the opposition
and the people have to maintain certain standards of political conduct if
that peace is to be preserved.
It is, therefore, your duty to maintain your own side of the balance which
ensures a peaceful co-existence.
While anticipating that your government would do everything to ensure
Shyngle Nyassi's release,
We remain,
Halifa Sallah
For: The Central Committee
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