by Madi Jobarteh
To put everything you hear in the Janneh Commission into its proper context, here lies the answer! As if they knew what was to come in future Yaya Jammeh and his Criminal Gang put into the constitution these provisions to cover up their tracks. They set it law in 2001, thanks to the APRC majority in parliament, that no legal proceedings could be taken against them for their actions or inactions under the AFPRC forever. It is obvious that if Jammeh had continued as president, in the near future, he will again cause another amendment to these provisions to cover up his dirty tracks under the APRC regime as well!
This is why it is utterly urgent and necessary that the Constitutional Review Commission is set up to lead the country to have a new democratic constitution.
Schedule 2: Transitional and Consequential Provisions
Section 13: Legal Proceedings
(1) No member of the Armed Forces Provisional Ruling Council, any person appointed minister by the Armed Forces Provisional Ruling council or other appointees of the Armed Forces Provisional Ruling Council shall be held liable or answerable before a Court or authority or under this Constitution or any other law, either jointly or severally, for an act or omission in the performance of his or her official duties.
[Act No. 6 of 2001]
(2) After the coming into force of this Constitution, it shall not be lawful for any court or tribunal to entertain any action or take any decision or make any order or grant any remedy or relief in any proceedings instituted against the Government of The Gambia or any person acting under the authority of the Government of The Gambia, or against any person or persons acting in concert or individually to assist or bring about the change in Government which took place on the twenty second day of July 1994, in respect of any act or omission relating to, or consequent upon:
(a) the overthrow of the government in power before the formation of the Armed Forces Provisional Ruling Council; or
(b) the suspension or abrogation of the Constitution of The Gambia 1970; or
(c) the establishment of the Armed Forces Provisional Ruling Council; or
(d) the establishment of this Constitution.
(3) For the avoidance of doubt, it is declared that no action taken or purported to have been taken in the exercise of the executive, legislative or judicial power by the Armed Forces Provisional Ruling Council or a member there of, or by any person appointed by the Armed Forces Provisional Ruling Council in the name of the Armed forces Provisional Ruling Council except judges of the Supreme Court or the court of appeal, shall be questioned in any proceedings whatsoever and, accordingly, it shall not be lawful for any court or tribunal to make any order or grant any remedy or relief in respect of any such act.
(4) The provisions of subparagraph (3) shall have effect notwithstanding that any such action as is referred to in that subparagraph was not taken in accordance with any procedure prescribed by law.
(5) It shall not be lawful for any court or tribunal to entertain an action instituted in respect of an act or omission against a person acting or omitting to act on the instructions or authority of the Armed Forces Provisional Ruling Council, or a member thereof, and alleged to be in contravention of any law whether substantive or procedural, in existence before or during the administration of the Armed Forces Provisional Ruling Council.”
WE NEED A NEW CONSTITUTION ASAP!!!