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Unfolding News in the last 3 days
By Evelyn Joe
Dear Reader:
This is an ongoing thread on developments unfolding in The Gambia. If you have read the previous news, you may be interested in just the updates. You will have the latest developments when confirmed.
YAHYA JAMMEH:
DELUSIONAL and DESERTED
AT THE MOMENT OF RECKONING
Updates as they happened in the last 12 hours:
Yahya Jammeh's lawyer who filed the petition to annul the election and to prevent the swearing-in of President-elect Adama Barrow defected and fled to Senegal. He advises his recalcitrant former client to give up. Letter included.
The Gambia's Army Defence Chief ordered Gambian soldiers not to fight the African troops entering his country. According to the army boss, such counter-action would amount to "a stupid fight." He indicated that he loves his men in uniform, enough not to put them in harm's way.
Yahya Jammeh changed his mind again, after he reportedly agreed to leave following a last-ditch intervention by Mauritania's president.
Senegal tabled a draft to the UN Security Council seeking approval for the ECOWAS intervention in Gambia if all peaceful means fail to resolve the crisis.
Last attempt for peaceful resolution failed.
ECOWAS forces have entered The Gambia to secure the State House, the seat of government. They encountered no resistance from the country's military.
Given security concern and forces, including the fright that gripped the populace, Banjul is eerily quiet. President-elect Adama Barrow will be sworn in at the Gambian Embassy in Dakar, Senegal.
You are all welcome to my inauguration today 4pm at The #Gambian embassy in #Dakar.
Left: President Macky Sall of Senegal.
Right: President Mohamed Ould Abdel Aziz of Mauritania.
The two leaders, including President-elect Adama Barrow, met at the Léopold Sédar Senghor International Airport, the Senegalese state news agency APS reported.
The Mauritanian President flew from Banjul late Thursday after a last-ditch intervention to convince the defiant President Yahya Jammeh to hand over power peacefully. He briefed his Senegalese counterpart on the situation.
Former President Yahya Jammeh and Preside Abdel Aziz before the deadline on Jammeh's term expiration.
Hopes were buoyed in many quarters when Mr. Abdel Aziz stated that
" I am now less pessimistic [that Mr Jammeh] will work on a peaceful solution that is in the best interest for everyone." However, once again, Jammeh stayed true to his brand of rascality with no indication of exiting the presidency after 12.01am on January 19, 2017.
Yahya Jammeh is still in the country and holding himself out as President. The swearing-in of Adama Barrow will take place at the Gambian Embassy in Dakar, Senegal. The original plan for the inauguration to hold at the national stadium was shelved due to the still volatile possibility from Mr. Jammeh's intransigence. After sworn-in, it is expected that the President-elect will be recognized internationally as The Gambia's head of state.
ECOWAS forces entered The Gambia after the expiration of Jammeh's term. Banjul, the capital, is eerily quiet. Thousands have fled the country. The ECOWAS mission will essentially include the capture of Jammeh, dead or alive, if peaceful resolution fails and he stirs trouble.
In 2013, the man, who goes by the official title of "His Excellency Sheikh Professor Alhaji Doctor Yahya AJJ Jammeh Babili Mansa," claimed that he could rule The Gambia for "a billion years" if God wills, in a year he also ordered the execution of at least nine "criminals and political opponents." He is unlikely to have God's willingness considering that the ECOWAS troops are reportedly moving to secure the State House, which is the seat of government. The streets are deserted and no reports of shots fired.
BASES FOR MILITARY OPTION
On Wednesday, Jan. 18, 2017, Senegal, a member of the UN Security Council, asked the Council to authorize ECOWAS to take "all necessary measures" to ensure a transfer of power in The Gambia."
The text included "full support to the ECOWAS in its commitment to take all necessary measures to ensure the respect of the will of the people of The Gambia." The Council met behind closed doors yesterday to discuss the crisis over Jammeh's refusal to step down and renewed its demand that the leader hand over power on Thursday.
The draft resolution states that "instability in The Gambia could pose a threat to international peace and security in the region". The text requests that Jammeh "carry out a peaceful and orderly transition process, and to transfer power to President-elect Barrow by January 19."
"As we speak, there are developments and last-ditch efforts to try to resolve this situation in a peaceful way," said Sweden's Ambassador Olof Skoog, who holds the council presidency.
The ambassador said a vote on the draft resolution "could happen quite soon" if those efforts fail. This was before the deadline. Now, all efforts have failed. Jammeh's term expired.
No vote has been scheduled. Some diplomats have suggested that such authorization may not be necessary if Mr Barrow is sworn in, recognized internationally as head of state and requests help. How soon will he be able to take power in his country largely depends on ECOWAS' mandated mission to lead a military intervention to install Mr. Barrow and bring the impasse to a close.
How clear are the justifications for military intervention?
ECOWAS can militarily intervene through its Mediation and Security Council on advise of its Defence and Security Commission. But any intervention must be carried out within the UN Charter.
The UN Charter provides for the involvement of regional arrangements and agencies in the maintenance of international peace and security. This is provided such activities are consistent with the purposes and principles outlined in Chapter I of the Charter.
As a member of ECOWAS, Gambia is bound by the decisions of the regional authority and protocols relating to peace and security. Indeed the recommendation to establish and deploy the ECOMOG - short for ECOWAS Ceasefire Monitoring Group - into Liberia in 1990 was made by a committee chaired by the then Gambian president, Dawda Jawara.
For military intervention, regional leaders can invoke the supplementary protocol on democracy and good governance which proclaims:
Zero tolerance for power obtained or maintained by unconstitutional means.
Article 45 (1) states:
In the event that democracy is abruptly brought to an end by any means or where there is massive violation of human rights in a member state, Ecowas may impose sanctions on the state concerned.
The ECOWAS mechanism for conflict prevention, management, resolution, peacekeeping and security - known simply as the Mechanism - authorizes all forms of intervention including the deployment of political and military missions.
ECOWAS can intervene militarily under article 25 of the Mechanism in response to conflict between two or several member states and in the event of internal conflict:
that threatens to trigger a humanitarian disaster; or that poses a serious threat to peace and security in the sub-region.
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A STUPID FIGHT.
I LOVE MY MEN.
"We are not going to involve ourselves in any fight - Gambian army chief."
Chief of Defence Staff Ousman Badjie
On Wednesday, Jan. 18, 2017, Chief of Defence Staff Ousman Badjie said he would not order his men to fight other African troops if they enter Gambian territory. He spoke as the ECOWAS troops massed on his nation's borders."We are not going to involve ourselves militarily.
This is a political dispute," Chief of Defence Staff Ousman Badjie said, after eating dinner in a tourist district close to the capital, Banjul, eyewitnesses told AFP.
The Defence boss added: "I am not going to involve my soldiers in a stupid fight. I love my men," stopping to pose for selfies with admirers while dressed in fatigues, beret and green t-shirt, according to those present.
If they (Senegalese) come in, we are here like this," Badjie said, making a hands-up gesture of surrender.
Badjie is no stranger to headlining controversy. He declared his support for president-elect Adama Barrow and then made a detour when Jammeh challenged the results. He was recently barred from visiting Gambian peacekeepers in Darfur due to the sensitivity of The Gambia's political developments.
Meanwhile the ECOWAS troops are unequivocal and mince no word: "Our troops are on alert. The ultimatum takes effect at midnight," when Jammeh's mandate is due to expire, Senegal army spokesman Colonel Abdou Ndiaye told AFP ahead of the deadline.
Yesterday, a Senegalese radio station reported that ECOWAS soldiers have crossed into Gambian territory. The reporter said the heavily armed soldiers are entering the Gambia via land and sea. The Nigeria Airforce, which is already in Dakar, is on standby and would be deployed to help neutralize any resistance.
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Gambia: Jammeh's Lawyer absconds, Asks Him To Step Aside
Lawyer Edward Anthony Gomez
First, as a lawyer for Jammeh and his ruling party, APRC, Mr. Edward Gomez attempted to overturn the results of The Gambia's presidential election held on December 1, 2017. Then he filed a petition on Jan 14, 2017 to stop the swearing-in of the Mr. Adama Barrow. The Chief Justice of the Supreme Court declined to hear the case on Jan. 16, 2017.
The next day, Mr. Gomez abandoned the entire legal suits, called of his former client, Yahya Jammeh to relinquish power in the interest of peace and love for Gambians, and fled to Senegal, citing, among other values, dear life.
Here are some excerpts in the letter:
The former lawyer's opening statement, in which he expressed his own state of mind:
"On Tuesday 17th January 2017, my son and I took a crucial decision to seek sanctuary in the sister Republic of Senegal. This was found necessary due to the mounting fear and rapidly increasing tension at every passing moment."
He further recalled the circumstances:
"As a legal practitioner representing President Jammeh and the APRC the party in the ongoing petition filed on his behalf at the Supreme Court of the Gambia, I have to admit that I was working under tremendous pressure and coercion. All the lawyers with established practices in the Gambia refused to be associated with the said petition. As a retainer for the ruling APRC party, I could not refuse the brief on professional grounds, despite ,my apprehension."
The former lawyer reflected on his near tragedy:
" Having fortunately eluded the 24 hour military security around me and my family, I managed to arrive in Senegal where I now gained safety, respite and mental stability. In my present situation, I humbly and respectfully advise President Jammeh as the champion of peace he has been known to be to peacefully step aside in the interest of peace and safety of the Gambian people."
Mr. Gomez gave his former client, Mr Jammeh, an advice that he should " accept that everything except God's Kingdom, comes to an end and should not allow his legacy to be described as one where "pen of the sword dipped in innocent blood writes its history on the rough page of tyranny".
The lawyer reckons with reality:
"The general perception is that after midnight on January 18th, 2017, the mandate of President Yaya Jammeh would expire and President-elect, Mr. Adam Barrow, would be sworn in as president in line with the dictates of our constitution. Any attempt to interrupt this ceremony, it is clearly understood, opens The Gambia to attack from ECOWAS forces."
He soberly reminded his former client, who eventually became a renegade against all realities:
"Remember, your Excellency, that life is short and we take nothing with us at the end of it. Our reward lies in our faithful worship and good deeds."
And concluded:
"'Vox populi est vox dei.' The voice of the people is the voice of God. Please step aside in the interest of peace and love of your compatriots.
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Unfolding News:
By Evelyn Joe
Today, the Vice President of The Gambia is the latest Cabinet Member to bolt from the collapsing Yahya Jammeh's executive architecture.
Former Vice President of The Gambia Dr. Isatou Njie Saidy (above) and the Minister for Higher Education, Research, Science and Technology, and Religious Affairs Dr. Aboubacar A Senghore, resigned today.
Among the eight former Ministers are:
Information: Sheriff Bojang
Sports Minister: Alieu Jammeh
Foreign Affair: Neneh Macdouall-Gaye
Finance and Economic Affairs: Abdou Kolley
Trade, Industry and Employment: Abdou Jobe
Health: Omar Sey
Environment, Climate Change and Natural Resources: Pa Ousman Jarju.
The status of the Energy Minister, Dr. Saja Edward Sanne, is unknown. In an article written by a journalist, Pa Nderry M'Bai, Dr. Sanne is believed to have absconded months ago and somewhere in the US, failing to return from a mission in Europe.
ECOWAS DECLARES THE LEGAL ANTIC OF THE GAMBIAN PARLIAMENT INCONSEQUENTIAL
A day after Yahya Jammeh declared a 90-day state of emergency, the Gambian parliament approved a measure to extent his presidency by 90 days.
Left: Mr. Mai Ahmad Fatty. Right: Mr. Adama Barrow.
However, an adviser to President-elect Adama Barrow, Mr. Mai Ahmad Fatty, issued a statement that addressed the unconstitutional expediency of the parliament. Mr. Fatty, with Gambia Moral Congress, returned to The Gambia from exile after a five-year absence. His party is in the coalition of parties that came together and defeated Jammeh.
Mr. Fatty wrote: "Let me make it absolutely clear: an executive directive does not constitute law, and cannot override the law. Parliament has the power to legislate, yet a statute cannot override the Constitution. Parliament has no legislative competence under relevant legal and factual considerations to concede to this travesty.
It cannot oust either the application of, or the effect of the application of Section 63 of the Constitution. Section 34 (1) (b) of the Constitution is unambiguous: it can only be invoked subject to a compulsive condition precedent - "a situation exists, which if allowed to continue, may lead to a public state of emergency". The only state of facts is the pompous display of executive lawlessness by the outgoing President. This grievous abuse of the law by Parliament in excess of its powers, amounts to a fundamental breach of the spirit and letter of the Basic Law. Therefore, this unlawful declaration, does not avail Jammeh & cannot buy him more time in power. It will neither stand, nor will it be respected. It changes nothing.
On the 19th January, 2017, a new government SHALL be enthroned. If Jammeh does not step down mid-night on the 18th January, 2017, he will be declared an outlaw - a rebel leader, and will be dealt with accordingly."
According to Economy Community of West African States (ECOWAS) officials, the decision of The Gambia's parliament is "inconsequential," Al Jazeera's Ahmed Idris, reporting from Nigerian capital, Abuja, said.
"They say it doesn't matter whether it's been extended by three months, one year or 10 years. What they are saying is Jammeh must step down after midnight on Wednesday, otherwise ECOWAS and the African Union will intervene to ensure that the mandate given to Barrow by the people of Gambia stands the next day."
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Unfolding News:
By Evelyn Joe
Today, the Vice President of The Gambia is the latest Cabinet Member to bolt from the collapsing Yahya Jammeh's executive architecture.
Former Vice President of The Gambia Dr. Isatou Njie Saidy (above) and the Minister for Higher Education, Research, Science and Technology, and Religious Affairs Dr. Aboubacar A Senghore, resigned today.
Among the eight former Ministers are:
Information: Sheriff Bojang
Sports Minister: Alieu Jammeh
Foreign Affair: Neneh Macdouall-Gaye
Finance and Economic Affairs: Abdou Kolley
Trade, Industry and Employment: Abdou Jobe
Health: Omar Sey
Environment, Climate Change and Natural Resources: Pa Ousman Jarju.
The status of the Energy Minister, Dr. Saja Edward Sanne, is unknown. In an article written by a journalist, Pa Nderry M'Bai, Dr. Sanne is believed to have absconded months ago and somewhere in the US, failing to return from a mission in Europe.
ECOWAS DECLARES THE LEGAL ANTIC OF THE GAMBIAN PARLIAMENT INCONSEQUENTIAL
A day after Yahya Jammeh declared a 90-day state of emergency, the Gambian parliament approved a measure to extent his presidency by 90 days.
Left: Mr. Mai Ahmad Fatty. Right: Mr. Adama Barrow.
However, an adviser to President-elect Adama Barrow, Mr. Mai Ahmad Fatty, issued a statement that addressed the unconstitutional expediency of the parliament. Mr. Fatty, with Gambia Moral Congress, returned to The Gambia from exile after a five-year absence. His party is in the coalition of parties that came together and defeated Jammeh.
Mr. Fatty wrote: "Let me make it absolutely clear: an executive directive does not constitute law, and cannot override the law. Parliament has the power to legislate, yet a statute cannot override the Constitution. Parliament has no legislative competence under relevant legal and factual considerations to concede to this travesty.
It cannot oust either the application of, or the effect of the application of Section 63 of the Constitution. Section 34 (1) (b) of the Constitution is unambiguous: it can only be invoked subject to a compulsive condition precedent - "a situation exists, which if allowed to continue, may lead to a public state of emergency". The only state of facts is the pompous display of executive lawlessness by the outgoing President. This grievous abuse of the law by Parliament in excess of its powers, amounts to a fundamental breach of the spirit and letter of the Basic Law. Therefore, this unlawful declaration, does not avail Jammeh & cannot buy him more time in power. It will neither stand, nor will it be respected. It changes nothing.
On the 19th January, 2017, a new government SHALL be enthroned. If Jammeh does not step down mid-night on the 18th January, 2017, he will be declared an outlaw - a rebel leader, and will be dealt with accordingly."
According to Economy Community of West African States (ECOWAS) officials, the decision of The Gambia's parliament is "inconsequential," Al Jazeera's Ahmed Idris, reporting from Nigerian capital, Abuja, said.
"They say it doesn't matter whether it's been extended by three months, one year or 10 years. What they are saying is Jammeh must step down after midnight on Wednesday, otherwise ECOWAS and the African Union will intervene to ensure that the mandate given to Barrow by the people of Gambia stands the next day."
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The Nigeria Air Force admitted it has deployed a standby force in Senegal to enforce the resolution of ECOWAS in The Gambia.
Senegalese troops have been seen moving towards the Gambian border.
Eyewitnesses reported that they saw a buildup of troops in the Kaolack region of Senegal to the north of Gambia, and in the Casamance region to the south of Gambia. The private Senegalese radio station, RFM, also reported that Nigerian military equipment has started arriving in the Senegalese capital of Dakar.
A military commander ECOWAS announced that Jammeh has only hours to leave. "We are waiting so that all political means have been exhausted. The mandate of the president is finished at midnight," Seydou Maiga Mboro said on Senegalese radio station RFM, adding that "all the troops are already in place."
On Sunday, Jan. 15, 2017, the weekend arrest of soldiers suspected of being sympathetic to President-elect Barrow, underscores significant disagreement within the armed forces over whom they will support on Jan. 19, 2017
A team of military police personnel led by Lt. Nuha William Jammeh rounded up senior military officers at the Fajara barracks. Captain Babucarr Bah alias 'Van damme' and Captain Demba Baldeh alias 'Mbarode' were both arrested by the Republican guard on allegation of showing allegiance to President- Elect Adama Barrow.
Mr. Bah had told the Republican guards that the army should be loyal to the state and Gambian people when the elite troops came to solicit support for Jammeh.
Based on commentaries, including in alternative media, Mr. Barrow is receiving overwhelming support from the public in Africa and in the Diaspora and ECOWAS' actions are commended.
Stay tuned.
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By Evelyn Joe
Dear Readers:
This is an unfolding saga. At this hour, after he shut down four radio stations, declared a 90-day state of emergency, had the parliament approve a three-month term elongation while his cabinet ministers are deserting him, Yahya Jammeh's fueled plane is in middle of the tarmac in Banjul, the capital. His wife and children already left the country. Why the plane is at that position thickens the tension.
Above is the pictured plane of Yahya Jammeh, which is parked in the middle of the tarmac. According to the reports, his South African pilot has been instructed to be on standby amid the political tension and people fleeing from the country.
An article indicates Jammeh is recruiting mercenaries.
Flight from The Gambia, which is going to cause humanitarian crises in the region.
Tourists checking out of their hotel and headed to the Banjul Airport, on Wednesday, Jan. 18, 2017. Special flights are being organized Wednesday to evacuate British and other tourists.
Jammeh, who took power in a coup in 1994, is notorious for his belligerent, bizarre, and sometimes colorful, behavior. In May 2016, he told Jeune Afrique, a magazine published in France, that then UN Secretary General "Ban Ki-moon and Amnesty International can "go to hell", after they called for an investigation into the death of Gambian opposition leader Solo Sadeng while in prison. "Who are they to ask that?" he demanded.
He claims to have discovered the herbal cure for HIV/AIDS. Mr Jammeh often replies to international critics with volleys of anti-colonial retorts. In 2013, he abruptly pulled The Gambia out of the Commonwealth, denouncing it as a "neo-colonial institution". He has lashed out at Britain, saying it did nothing for Gambia in 300 years of colonialism, except "to tell us how to sing Baa Black Sheep and God Save the Queen." While at it, he is not without some admirers of the rhetoric.
The Gambia's president-elect Adama Barrow
The Gambia's President-elect, Adama Barrow, is in Senegal at the request of ECOWAS for security reasons.
On Wednesday, Jan 18, 2017, he said his countrymen and women are at the brink of making another world history on Thursday, after defeating Yahya Jammeh in the December 1election.
"We made history on the first day of December. Our future starts tomorrow", he said in a tweet on Wednesday morning. "We made history on the first day of December. Our future starts tomorrow. #Gambia " he said on his twitter handle, @adama_barrow.
Normally, no military will unfold its plans ahead of an operation. However, military analysts have said that the open deployment of troops by ECOMOG is indicative of the seriousness to enforce the constitution of The Gambia if Jammeh refuses to step down after his term expires at midnight.
Also, reports from The Gambia said the inauguration of President-elect Adama Barrow will go ahead tomorrow in line with the constitution at the independent stadium in Banjul. He will be escorted by security forces from ECOMOG who are on standby at the Senegalese border and will move into The Gambia by midnight.
Other speculations hold that it is possible for the President-elect to be sworn-in at The Gambia's Embassy in Dakar, Senegal.
Stay tuned.
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Sheikh Professor Alhaji Dr Yahya AJJ Jammeh Babili Mansa of Gambia Declares State of Emergency; ECOWAS TROOPS headed to Gambia
Bizarrely!
On January 17, 2017, he who appoints and sacks judges at his leisure ran out of legal steam and maneuvers. He declared a state of emergency to prevent the inauguration of President-elect Adama Barrow on Jan 19.
HIS DECLARATION BELOW.
His official resume reportedly includes the title:
"Admiral in the Great Navy of the State of Nebraska."
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I, Sheikh Professor Alhaji Dr Yahya AJJ Jammeh Babili Mansa, President of the Islamic Republic of the Gambia and Commander-in -Chief of the Armed Forces, acting under the provisions of section 34 (1) (b) of the constitution of the Islamic Republic of the Gambia, today, the 17th of January 2017, hereby declare a state of public emergency throughout the Islamic Republic of Gambia as a situation exists which, if it is allowed to continue, may lead to a state of public emergency.
The declaration is necessitated by:
1. The unprecedented and extraordinary amount of foreign interference in the 1st December presidential election, and also in the internal affairs of the Gambia, and the unwarranted hostile atmosphere threatening the sovereignty, peace, security and stability of the country.
2. The absconding of the chairman of the Independent Electoral Commission, a key respondent to the petitions filed at the Supreme Court of the Gambia regarding the erroneous 1st December Presidential Election Results.
3. The inability of the Supreme Court to convene as a result of the non-appearance of the judges to hear the election petitions, mainly influenced by foreign powers and their agents, in an effort to thwart the constitutionally mandated process, as captured in an audio recording of the absconded chairman of the IEC discussing on how plans have been made to ensure the Supreme Court judges will not sit on time to hear the petitions against the flawed results he published.
4. The current state of fear and confusion created by some of the political players in the country, which could lead to the breakdown of law and order.
5. The need to prevent a constitutional crisis and power vacuum pending the determination of the petitions at the Supreme Court and the application for an injunction against swearing in Mr Adama Barrow or anybody as president of the Islamic Republic of the Gambia, until the Supreme Court decides on the 1st December 2016 presidential election results.
Under this state of public emergency, civil liberties are to be fully respected while all citizens and residents n the Gambia are banned from any acts of disobedience to the Laws of the Gambia, incitement to violence and acts intended to disturb public order and peace. The security forces are hereby instructed to maintain absolute law and order throughout the country.
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NNS Unity heading to Banjul
Nigeria's NNS Unity has sailed off. Senegal is the host country for the ECOWAS troops for the military option if Yayha Jamme refuses to step down at the end of his term on January 19th.
A statement attributed to the Nigerian Air Force states: "That Nigeria is deploying troops is now a certainty after several meetings with The Gambian president yielded no result. The Chiefs of Defence Staff of ECOWAS countries came to Abuja on Saturday, where they discussed what components each member state is expected to contribute to the troops that will force Yahya Jammeh out." "The troops are expected to stay for two weeks and they will be received at a base in Senegal."
From an article in Foreign Policy:
The state of emergency puts the country on lockdown, banning "acts of disobedience" and "acts intended to disturb the public order." He's also shored up power in the country's supreme court and national assembly, which are considered mere extensions of the one-man regime. "Jammeh is digging in for a long fight here," Gambia expert Jeffrey Smith told Foreign Policy.
There may be will in neighboring countries to send in troops to remove him by force. Economic Community of West African States (ECOWAS) members, including Nigeria and Gambia's neighbor Senegal, are reportedly preparing troops. On Tuesday, Nigeria deployed a warship off the coast of Gambia. A source in the Nigerian military told Reuters his country and other West African countries were readying for military action. And any fight may not last as long as Jammeh hopes.
His country's tiny military likely wouldn't fare well in a fight with neighboring militaries, Smith said - if it even fought at all. "The rank and file troops don't support [Jammeh]," Smith said. "His firm grip on security forces is exaggerated." Reading the tea leaves, three of Jammeh's ministers, including his foreign minister, resigned and thousands of Gambians have fled to Senegal and nearby Guinea-Bissau in expectation of a violent showdown.
Jammeh's ouster could relieve West Africa of one of its most problematic, violent, and bizarre dictators. Jammeh, who's led state-sanctioned witch hunts, claims he can cure AIDS, and lists "Admiral in the Great Navy of the State of Nebraska" on his official resume, is is a black mark on West Africa's economic and political success. "He's not your average president - African or otherwise," Smith said.
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The Changed Mind
Yahya Jammeh's Intransigence at the Cost of Reason
New developments
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Quote of the week
"On January 19, I dare to hope that African wisdom will convince our brother (Jammeh) that the good Muslim that he claims to be understands the greater good for The Gambia, which does not need a bloodbath."
Malian President Ibrahim Boubacar Keïta
Today, on January 16, 2017, President Jammeh received a legal blow. Gambia's Supreme Court refused to hear his injunction against the swearing-in of President-Elect Adama Barrow on January 19, 2017. The Supreme Court had earlier indicated that it lacked quorum, not enough judges, and will not be able to sit until May 2017 to hear Jammeh's petition to annul the entire December 1, 2016 election.
After rejecting ECOWAS' request, for the second time on Jan 13, 2016 to step down peacefully, Jammeh made a phone call to President Ellen Johnson-Sirleaf, Chairperson of ECOWAS, for the region to help him find enough judges. This came after ECOWAS Defence Chiefs met in Abuja Nigeria, in what is believed to be preparedness for a possible military intervention if Jammeh does not reconcile himself with constitutional decorum.
At the request of ECOWAS, Senegal is hosting President-elect Adama Barrow until his inauguration. This decision came amidst safety concerns with The Gambian government's refusal to ensure security. Mr. Barrow attended the Africa-French Summit in Bamako, Mali on January 14, 2017.
The African Union will cease recognition of Yayha Jammeh as the President of The Gambia as of January 19, 2017 when his tenure expires.
CONDOLENCE
President-elect Adama Barrow's son has died after being bitten by a dog. Eight-year-old Habibu Barrow is reported to have died on the way to the hospital on January 15, 2017 in Manjai near the Gambian capital Banjul. Mr Barrow missed his son's funeral as he was advised to remain in Senegal for his safety.
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Term elongation has dire consequences for The
Gambia with destabilizing effects in ECOWAS
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Last straw? Missed opportunity? In ECOWAS Mission to resolve the stalemate peacefully, it vows to uphold the Gambian constitution. Military option when reasoning fails.
LISTEN TO THE PEOPLE'S VOICE
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The world was digesting and applauding the once improbable, that President Yahya Jammeh, after 22 years in power conceded defeat at the December 1, 2016 polls, when Jammeh upstaged himself by reversing his thinking.
With the afterthought, citing irregularities with the ballot marbles counted, the world, once more, is treated to Mr. Jammeh's theater as inauguration day looms nearer on January 19 for President-elect Adama Barrow. Gambia awaits after deciding.
On this brink of constitutional breach and chaos, with potential mayhem in the country, ECOWAS stepped in to preempt the calamity. To be mindful and clear, the awakened populace has apparently lost its fear of Jammeh.
The nation, based on the cross-section of dissenting voices, including ambassadors in foreign capitals who were dismissed for adding their voice, is in no mood to entertain a strongman syndrome. In radio stations, alternative social media in the mix, people in Africa and in the Diaspora are having a say. One can go to Jollof News, Fatu Network, and Gainako Radio, for examples, which automatically go into a broadcast in English and Wolof. It is unclear why the government will try to muzzle the press with the guaranteed futility.
President Ellen Johnson-Sirleaf; President Macky Sall (right in second row) President Muhammadu Buhari (left in second row in white); Former Ghanaian President John Mahama (behind President Sall.)
The Economic Community of West African States (ECOWAS) is witness to the rising entrenchment of civilian succession in its region as the loser exits with dignity and the victor returns the grace with continuity without extrajudicial exercises.
In two respective attempts, ECOWAS leaders were in Gambia to resolve the stalemate through dialogue and peaceful resolutions. The heavy weight mediation team consists of President Buhari of Nigeria, President Macky Sall of Senegal, former Ghanaian President John Mahama, Liberian President Ellen Johnson Sirleaf, Chairperson of the Authority of ECOWAS. On January 13, 2017, the second mission included President Ernest Koroma of Sierra Leone. They met with both parties: President Jammeh and President-elect Barrow.
ECOWAS leaders with President Jammeh at the State House in Banjul.
President-elect Adama Barrow (right) with former Ghanaian President Mahama and Nigerian President Buhari.
President Buhari of Nigeria is chairing the mediation effort with co-chair, former Ghanaian President Mahama.
Hear his Prayer: Why Jammeh says he will not quit
With the clock ticking to the close of his tenure, Mr. Jammeh put in play a ploy to stay put. On January 14, 2016, Mr. Jammeh and his political party, Alliance for Patriotic Reorientation and Construction (APRC), filed a request with the Supreme Court for an injunction to block the swearing-in of President-elect Adama Barrow.
The APRC had earlier filed a legal challenge to annul the December 1 results and to hold a new election. At one point, Mr. Jammeh said he would pay for the new poll and expressed his intention to foot the bill on his confidence to win. He indicated he is setting an example for other African leaders to pay if they are sure of victory. Left unexplained is the source of money.
The Supreme Court was unable to hear the petition on January 10, 2016 because it lacked quorum after several judges failed to show up. Some were sighted in other African countries on the day they were supposed to be in court in Banjul. Supreme Court Chief Justice Emmanuel Fagbenle adjourned the hearing, which was held today, on January 16, 2016.
The latest application by the ruling party sought to effectively ask the Supreme Court for term elongation for Mr. Jammeh until such a time when the Supreme Court will find the right number of judges who can be able to rule on his challenge of the entire election result.
In the application signed by the its lawyer, Edward Gomez, the APRC wanted an order of interlocutory (interim) injunction that would have prevented The Gambia's Chief Judge or any other binding authority from inaugurating or swearing in Mr. Barrow as the President of The Gambia until the Supreme Court's determination of the election petition.
Jammeh's party also asked the court for an order "restraining, the President from preparing, arranging, organising, conducting, partaking or participating in any manner or form in the swearing-in and /or inauguration of Adama Barrow as President of the Republic of The Gambia on January 19, 2017."
In an affidavit support of the applications by a member of the APRC, Mr. Seedy Njie stated that Mr. Barrow " will not be prejudiced in anyway if he is sworn-in or inaugurated any time after January 19, 2017."
However, Mr. Njie believes, as affidavit reads: "The applicant, the candidate it sponsored, Yahya Jammeh, the President of the Republic of The Gambia, will be prejudiced and will suffer irreparable loss if Adama barrow is Sworn-in or inaugurated while its petition is pending."
Mr. Njie further opined that "there is intimidation, fear, and tension among The Gambians, which may lead to breakdown of law and order if the swearing-in or inauguration is allowed to take place before determination of the petition of the applicant."
Meanwhile, the opposition and other legal scholars dismiss all of the above as no more than strings of legal absurdities.
In an article titled "Building The New Gambia" by Madi Jorbarteh, published in Gainako on January 15, 2017, the author wrote " after all these failed attempts, what we must learn as Gambians is that Yaya Jammeh is not relenting but is seeking every opportunity to subvert our will. He is seeking to control the narrative so as to calm us down as he pursues the judicial channel knowing that this is where he can save himself."
Mr. Aziz Bensouda, the secretary general of the Gambia Bar Association, indicated that an injunction would be unconstitutional. "The inauguration of the president-elect should be held when Jammeh's term officially ends. The court does not have any mandate to put an inauguration on hold," he said.
With today's decision, the Chief Justice declined to hear the interim motion to block the inauguration of President-elect Barrow. The Chief Justice said he will recuse himself from the suit because he is a subject in the injunction.
He further adjourned the petition to annul the election until the Supreme Court is properly constituted. Last week, he estimated that the Court will not be able to convene until May 2017. Nevertheless, Mr. Jammeh does not, so far, envision himself relinquishing power outside the court ruling.
The Court itself and Phone Call to ECOWAS
The Supreme Court has not convened in over a year. The justices are appointed and removed by Mr. Jammeh. After criticizing the court's decision to commute several death sentences to life sentences in prison, he dismissed two judges since 2013. In a televised speech then, Jammeh said he was no longer willing to allow the Supreme Court "to overturn death sentences". But there are laid-down procedures for the removal of judges from office, which the President ignores.
In another latest move, Mr. Jammeh called on ECOWAS to help the country find judges so that its Supreme Court can hear his case. He made the call after the ECOWAS negotiators left Gambia on January 13, 2017 while he remained unpersuaded.
In the recorded phone conversation on January 15, 2017 with Liberian President Ellen Johnson Sirleaf and Chairperson of ECOWAS, which was broadcast on Gambia TV, Jammeh said: " The only peaceful resolution of this impasse is through the courts."
In what sounded like handing out a diplomatic parachute for soft landing, Mrs. Sirleaf responded that it would be better if Jammeh puts his request in a written statement in which he also pledges to follow the constitution. " Then we can move on and encourage Nigeria and other people to get the judges to come there," she said, according to the broadcast.
But Mrs. Sirleaf was not amused as she later berated Mr Jammeh for being dubious. In an interview with BBC Focus On Africa Programme, she explained, " at the time he called me, I was thinking that he was going to find a way out of this and he was going to be able to work with the [mediation] team but clearly, clearly it was just a game. It was just a ruse on his part."
The ECOWAS Chairperson said it is unfortunate that Mr Jammeh recorded the conversation without informing her of his motive. "Unfortunately, being the person that he is, he recorded and televised the conversation without advising me of his intent to do so," she said.
" Let me make it very, very clear. There is no change in ECOWAS' position. The constitution of the Gambia must be respected. My only duty was to take his appeal and pass it on to the mediating team," President Sirleaf concluded.
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ECOWAS and the Support of the International Community
Leaving the doors open for peaceful resolution, ECOWAS leaders departed from Banjul without an understanding from Mr. Jammeh on the imperative of a smooth transfer of power when his term expires on January 19, 2017. ECOWAS vows to ensure this eventuality and on the timetable.
A meeting with Mr. Barrow
On January 13, 2017, the African Union (AU) issued a statement reiterating its full support for ECOWAS including "the consideration to use all necessary means to ensure the respect of the will of the people of The Gambia." The AU also said it will not recognize Jammeh as the legitimate head of The Gambia once his term expires on January 19, 2017.
The position of the AU is supported the United Nations Security Council, United States and the European Union - all insisting that Jammeh leaves in accordance with The Gambia's constitution.
French President François Hollande and Malian President President Ibrahim Boubacar Keïta with President-elect Adama Barrow (center).
Mr. Barrow attended the Africa-France Summit in Bamako, Mali on January 14, 2017.
" On January 19, I dare to hope that African wisdom will convince our brother (Jammeh) that the good Muslim that he claims to be understands the greater good for The Gambia, which does not need a bloodbath," President Ibrahim Aboubacar Keïta told journalist.
On January 15, 2017, the state-owned Senegalese news agency, APS, reported that Senegalese President Macky Sall had accepted to host Mr. Barrow at the request of ECOWAS until his inauguration. The decision was made in light of the security concerns and the government's refusal to ensure his safety.
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ECOWAS FORCE
CARROT (Diplomacy) and STICK (Military Intervention)
In December 2016, the UN Office for West Africa and the Sahel (UNOWAS) said ECOWAS had decided to take all necessary actions to enforce the results of Gambia's presidential election. Mr. Mohamed Chambas, Head of UNOWAS informed the UN Security Council on the political and security situation in the region that the West African bloc was ready to take decisive action in the Gambia.
On Friday January 13, 2016, Ibn Chambas, reemphasized the military option by indicating that ECOWAS would ask the Security Council to approve the deployment of troops to enforce the constitution.
ECOWAS Defence Chiefs on January 14, 2017 in Abuja, Nigeria
On January 14, 2016, the Nigerian Chief of Defence Staff, Abayomi Olonisakin, hosted colleagues from other West African countries as ECOWAS keeps a possible military action in the Gambia on the table.
The meeting, held at the Defence Headquarters in Abuja, was part of the preparation for the inauguration of an Ecowas Military Intervention Group (ECOMIG) if President Yahya Jammeh follows through with his threats not to step down when his term expires on January 19, 2017.
A statement published on the website of the Defence Headquarters listed notable ECOWAS service chiefs and dignitaries at the meeting, which included the Chairperson of ECOWAS Chief of Defence Staffs Brigadier General Daniel Dee Ziankahn, Jr. of Liberia; Brigadier General Cheikh Gueye of Senegal; Air Marshal Michael Samson-Oje of Ghana; ECOWAS Commissioner for Political Affairs, Hajiya Salamatu; Vice President of the Commission; and principal staff officers from Defence, Army, Navy, and Air Force headquarter.
General Olonisakin welcomed the participants and ECOWAS officials to Nigeria and expressed the readiness of regional leaders and military commanders to continue the pursuit of dialogue with the political leaders of Gambia to ensure a peaceful transition of power in accordance with the Gambian's constitution and the peoples will.
For all intents and purposes, a military option is a last resort after Mr. Jammeh's intransigence makes him a rebel against constitutional reasoning and his own country.
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