I am not offended by anything Lamin for I have no vested interest in this. I just happen to disagree with you.

Also, I don't think you are right in saying that the PPP did nothing about the issue. I think they have sought legal advice and was told the odds are starkly against them. BB's attempt to assert his property right failed as it was not entertained by the courts.

Thanks

Daffeh

On Wednesday, 30 April 2014, Lamin Darbo <[log in to unmask]> wrote:

Daffeh

I am not asking the PPP to do anything, only arguing that the party never bothered to do anything about its propertyl rights and must therefore not complain about a lack of support from Gambians. Supporting the PPP was the last thing in anyone's mind in 1994 for there was overwhelming congruence of opinion that its government got what it deserved. 

In any case, if BB did take action on his personal rights notwithstanding Schedule 2, what should have stopped the PPP from so acting? BB was wrong to blame Gambians for the fate of his government and party. I have seen nothing to change my view that the PPP deserved to be overthrown. This side of 1994, it is a moot point but I have argued that position even before 1994 and was not surprised when it came to pass. Sorry if you are offended but that is my view!

LJDarbo

On Wednesday, 30 April 2014, 13:46, UDP United Kingdom <[log in to unmask]> wrote:

Lamin, there is no point in them doing so. There is an overwhelming case law in this area and their chances of success is utter. It would not make any economic or political sense for them to do what you are asking them to do. It will not only open them to judicial ridicule-the case will be deemed frivolous and rightly dismissed most likely with cost-, it will amount to utter waste of time and money as well.

I think your views about the PPP is bit over the top particular when you said you welcome their ousting through a military coup. Anyway, I have a party to support and defend, and it's called the United Democratic Party.

Thanks

Daffeh

On Wednesday, 30 April 2014, Lamin Darbo <[log in to unmask]> wrote:

But this is the precise argument Daffeh. If BB asserted his property rights, the PPP could have done the same thing. It matters not whether the outcome was a foregone conclusion.

In part at least, Schedule 2 conflicts with Chapter IV, more specifically Section 22 of the Constitution on "Protection from deprivation of property". There was clearly an argument to be made in the event the PPP asserted its property rights as there was absolutely no attempt to even casually connect Section 22 to Schedule 2's draconian provisions. 

Although Schedule 2 entrenched itself, it was not entrenched by the critical Section 226 of the Constitution that precluded any amendment to Section 22 except via a National Assembly/referendum process. Notwithstanding the purported ouster of jurisdiction, the Supreme Court can indeed attempt to reconcile these apparently irreconcilable aspects of the Constitution. This avenue could be triggered by the PPP asserting its property rights over confiscated party offices in Banjul and Brikama. It is not an argument to say this would have been a futile route as we know that one party always loses in judicial disputes. Even if the action was struck out on a motion for summary judgement pursuant to Schedule 2, the proper thing to do for a party in government for upwards of three decades is to be creative in its public arguments after it was booted out.

Whilst we are on Schedule 2, what do you think about the indemnity clause inserted in the Schedule?

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