Below is the letter written by Halifa Sallah, Secretary General of PDOIS, to the Attorney General on the unconstitutional declaration of Gambia as an Islamic republic by President Yahya Jammeh at a recent political rally at Brufut attended by APRC party militants:
SUBJECT: ON THE UNCONSTITUTIONAL DECLARATION OF THE GAMBIA AS AN
The false declaration of the Gambia as an Islamic Republic has engendered the widest media coverage that the country has ever witnessed. There is need to retract the false information and give a correct picture to the whole world.
Why is this memorandum addressed to you? The answer is simple. Section 73 Subsection (3) states, “The Cabinet shall be responsible for advising the President with respect to the policies of the Government…”
Section 72 Subsection (2) adds, “The Attorney General shall be the principal legal adviser to the Government…”
It is therefore your duty to inform the President of the Republic that he has no locus standi to declare the Gambia an Islamic Republic. To do so is to subvert the 1997 Constitution. Needless to say, the President of a Republic is the last person who should subvert the Constitution on which the legitimacy of his government rests.
Two legitimate Constitutions cannot co-exist side by side. One must be a true constitution and the other a farce. In this case the 1997 Constitution which has been approved at a Referendum and came into force on 16th January 1997 is the real Constitution of the Republic of the Gambia and the Constitution of the Islamic Republic declared in Brufut does not exist. This is why no one in the world knows its content.
It is therefore important for the Government to waste no time in retracting the declaration. It is an elementary truth that no Republic could exist without a Republican Constitution which establishes the laws and institutions of a state. An Islamic Republic has to have its own Constitution which would indicate the qualifications and roles of presidents, ministers, parliamentarians and judges. The Constitution would have to come into force before one could declare an Islamic Republic.
Needless to say, no new Constitution could legally come into being in the Gambia. The 1997 Constitution is the Fundamental law and it could only be changed by amendments as provided for in Section 226 of the Constitution. No amendments has taken place or could take place to Change the nature of the Republic as enshrined in Chapter One Subsections 1 and 2 without a long process lasting more than 6 months which must culminate with the holding of a referendum.
Section 67 of the Constitution is clear. The President could be removed from office on the following grounds:
“(a) abuse of office, wilful violation of the oath of allegiance or the President’s oath of office, or wilful violation of any provision of this Constitution, or
(b) misconduct in that –
(i) he or she has conducted himself in a manner which brings or is likely to bring the office of President into contempt or disrepute; or
(ii) he or she has dishonestly done any act which is prejudicial or inimical to the economy of The Gambia or dishonestly omitted to act with similar consequences.”
The president took an oath to defend the 1997 Constitution. Any declaration which is at variance with the provisions of the Constitution is a violation of his oath of office.
It is your duty to explain these facts to the President to prevent him from bringing the office of President into disrepute.
While anticipating your maximum cooperation
Yours in the Service of the People
For The Central Committee
Mama Singnateh in her wildest dreams would NEVER EVER say a word to his boss Yaya Jammeh. Isatou Njie Saidy or anyone in the rogue cabinet will never dare challenge Babili Mansa.
Every member of the APRC knows there is ample evidence to impeach Jammeh specially on the economic front and on morality grounds.
APRC signed its death warrant in post-Jammeh longtime ago and they know it. Do they care?
@Deyda….”APRC signed its death warrant in post-Jammeh longtime ago and they know it. Do they care?”
Observation….It is not about the APRC alone, though it (APRC) is an obsession for many people…Who cares whether APRC out lives Jammeh or not…. That is their problem…
This is about citizen responsibility,accountablility and holding Public Office holders to account..? The fact that these Public office holders have shirked their responsibilities, under the laws of the country, does not mean that citizens, especially those aspiring to hold public office, should not fulfil ours…and there is no better way to doing that than addressing open letters to the concerned offices or office holders…
In this way, public attention, both nationally and internationally, is focused on these individuals, which puts pressure on them to act or be damped….The APRC government is isolated and under constant international pressure because of such concerted efforts from the ground and in the diaspora…
Deyda, stop flattering me. I laugh until I had stomach ache. I don’t want PDOIS talibes to jump on me but the question that arises is: is there any point for writing when no one will respond or take action. Halifa will no doubt record his name for writing on almost everything that matters. Is there any other thing to do other than endless writings?
Why should you be bothered about “PDOIS Talibes” ? Be “brave” to expreas your views wirhout worrying about anybody…
“PDOIS Talibes” simply appreciate the genuine efforts of men who are putting themselves in harm’s way to struggle for change…
Matter of fact, ALL SINCERE PEOPLE (Repeat: SINCERE PEOPLE) should appreciate genuine efforts, even where disagreements on various matters and issues exist…But that is obviously a bit too much for some people in this struggle and that is a pity, unfortunately..It also does expose and indicate a certain nature in people.
Iblis Jammeh will not leave us in peace but is he also having peace? I doubt it.
Baboucarr Samba, you don’t deserve a response. Why are you still writing?
One thing is what mr Jammeh is doing but Gambia is Islamic republic as uk is Christian kingdom we have to be honest be ourselves not what the west and Jews lobbies said let’s believe in Allah and forget friends of Ibliss
There is a difference between a Muslim Country and an Islamic state. Go and do a bit of learning or research Soninke. The Gambia is not, has never been and will never be an Islamic State. That will constitute treason and will be lawfully resisted.
The U.K is not a christian kingdom either! You should be sure when writing thing like this…, you cow! This is how I talk to people like @Soninke. There are many many like you in the Gambia and that is one cause of our present predicament.
You lack a lot of basic knowledge in Islam. To be able to just read the verses in the Quran doesn’t mean you understand it. Apart from myself, I have not read the writings of a stupid Gambian like you or wherever you come from. ‘Le EI’ loves people like you because they too need to understand clearly, in what they believe in, and thats the Quran.
People like you think Allah(God) is paying you the most attention now that you are claiming Gambia an Islamic state. Allah(God), cannot be coaxed or hoaxed. You can hurt mankind with hypocrisy and evil manuevers but not God. So (Allah)swt, will guide us and protect us against evil like you.
Islam – or Arab Nationalism and Arab Colonialism in the name of Islam? Africans must guard against being used as political pawns in Arabs fight. I was at school in 1973 when all Africa broke relations with Israel to back Egypt. What on earth has Egypt ever done for the rest of Africa??? Kenyatta was smart: he facilitated the Israeli raid on the terrorists at Entebbe Airport. Like I said before, the Pilgrimage to Mecca is NOT compulsory. Please semesters – if your parents ask for money to go to Mecca tell them to go on a Pilgrimage to TOUBA.
We are Gambians and not relatives or families of the twelve tribes…… I am against terrorists and equally against all arrogant oppressions in the world that, I see more or less like terrorism.
Luntango – I think it would do us much better if you confront the topic at hand, which is the mansa of Banjul’s unilateral proclamation of the Gambia as a so-called Islamic state. Being a former employee of the “babili mansa”, I would assume you have some insights into the mind of the man. It would be useful to us , if you could share these insights in the context of the recent declaration. After all the Christians in the country were his most formidable loyalist against the most hated tribalist (here mandinkas being the culprits).
Straying into Arab quest for world hegemony, is a distraction and doesn’t really help the discussion further.
Really Kinteh, if you don’t understand “the mind of the Mansa” after 21 years I don’t think Luntango or anyone else can help you at such a late stage!
I have nothing to add to what Halifa and Darboe have so eloquently stated on the Islamic State if The Gambia matter. Unlike some people (lol) I readily give way to those much wiser and more to the point than my humble self. Why bah bah bah when one couldn’t better what has been said …
I suppose that is why you have nothing to say about the problematic Arabs and their political distortion of Islam?
I am with Gaphm Agahm on that one.
One more thing. Unless I have missed it, I notice that no one in the APRC or even the SIC has mentioned this Islamic State of The Gambia thing since Jammeh spoke in Brufut. Not info Minister Sherrifo and not even the English Language Griot Sam Sarr (who can easily TKO Halifa in the Long Essay Competition). Everyone on Jammeh’s side has gone quiet. Maybe Jammeh was just being mischievous and decided to give the Bah Bah Bah Internet Community something to talk about! What thinkst thou my in-law?
Dida , I agree with your point about pilgrimage to Touba instead of Mecca because I don’t see any point of visiting a place where you are consider unwelcome or not treated well and it is not compulsory to visit . Muslims to stop being used in Arab nationalism or cultural promoted political propaganda . The dictator is using the same tactics to entrench himself in power because our people are so obsessed with religion which majority do not fully understand and I called this obsessive -Islamic syndrome . It is this problem which lead jammeh to violate the constitution and even made this stupid pronouncement which has no constitutional basis . Our problem is not only jammeh himself but our religious hypocrisy and obsession without regards to our constitution . jammeh has successfully used Islam for his political interest because of the nature of our religious leaders
Kinteh , I am sorry to say this ,it is rather too late to know who is jammeh and Dida didn’t know much about jammeh’s private life and what he does in private , all he knows is his public appearances or statements like any average Gambian which he doesn’t seem to care . If Dida knew jammeh very well , he would never support him or even worked for him as his mouthpiece unless he is an economic self interest refugee opportunist who prey on goodness of Gambian people just like those terrorists who killed 14 people in California preyed on and took advantage off or goodness American’s freedom and values .
Gotta tread carefully here, but for once I am inclined to agree with what this Maxs chap is saying! What thinkst thou my in-law Bax? “Careful” the operative word?
Our Murderous kanilai Idolatrous Bandit is at its hypocrisy at best, “donated D1 million to Christian community…for Christmas gift”….???
This is just in the spate of “Gambia Islamic state” declaration….??
What’s clear is the Murderous Tyrannical kanilai yaya Ibliz-Lucifer will resort to all & any KINDS of manipulations to robbery for selfish aggrandizement….?
No murderous tyrannical devilish banditry, world over, have ever continued to oppress a people perpetually unabated…
We are almost to the end of tunnel; together we will salvage reclaim the motherland, for sanity to prevail at the helm of affairs of State in Gambia, for the ENSURING of harmony peace tranquillity prosperity……….