By Bax

I think the problem of the judiciary and the predicament of judicial officials, can better be understood when we examine it within the wider context of failures of the institutions of governance and try to figure out the underlying factors for such failings, rather than just look at the failings of the judiciary, in isolation to everything else..

There is no need to examine the concepts of government, governance and the art of governance/government, but it is important to understand that government is nothing but the sum total of interrelated bodies (dependent or independent : ministries, departments and other institutions of state), created by a Supreme Organ (constitution & other laws) which lays down, not only how each must function and relate to others, but also a set standard of rules, processes, procedures, (etc) to be followed, as well as, codes of conduct and ethical (professional) behaviour for the occupants of these institutions.

The Gambiaโ€™s dilemma cannot be understood without looking at the organ that created these institutions and relate that to the traditions of governance/government since independence that, one can say, became the defining template for how Gambians as a whole, and public officials in particular, relate to, and interact with, the systems of government and the officials in government.

Only then can we fully understand what is happening, why it is happening and how it can be changed, but that is not the purpose of this write-up.

However, my view is that the biggest culprit in the creation of the state of affairs that culminated to Yaya Jammeh and the APRC misrule, is the very organ that is supposed to prevent this: The Constitution.

The Gambian Constitution (present & past), being diluted extracts from the colonial instruments of governance, leaves the door wide open for anyone who wishes to do so, to hold the entire machinery of Government hostage, by placing an enormous amount of excessive powers in the Executive, and that is the consequence of what is happening in The Gambia today due to the personality of the person we have in the Office of the President.

Unfortunately, changing government alone may not eradicate or nullify this danger that we face as a nation; nor even writing another constitution because the powers in government can simply amend it, as they wish, to achieve their desired results, as indeed, they have done now (A{F}PRC) and then (PPP).

Only a citizenry conscious of itself as the sovereign owners of the country, from whom all powers must be derived and on whose behalf it MUST be exercised, which is also alive to its duties and responsibilities to jealously guard against encroachment, can achieve meaningful and lasting change.

There is no better example to use to illustrate my point about a conscious citizens power than events in Turkey within the last 24 hours.

At about 20.00hrs (GMT) last night, rumours of a coup against President Erdogan were carried by major news outlets and by 2100hrs, it was no longer a rumour. It was confirmed: President Erdogan of Turkey had been overthrown by the Turkeys Military, announced the state broadcaster. A new governing body has been established. Major installations, including government buildings, roads, bridges and the main airport have all been occupied and closed by the coupists.. Armoured Tanks were roaming the streets, combat ready troops were patrolling the streets and fighter jets were roaming the skies..It was a terrifying scene for any civilian population, especially a NATO Member and a military power..

President Erdogan has effectively lost state power and was in hiding in an obscure lodge, outside Ankara, from where he managed to reach a small private broadcaster and called on the citizens to come out onto the streets and defend Turkeyโ€™s democracyโ€ฆAnd to God, they obliged..Thousands or hundreds of thousands confronted the coupists and within hours, the coup was over.

President Erdogan has been restored back to power by early this morning; more than 2,000 officers and men of the Turkeys Military are under custody and life is returning to normalcy.

PEOPLEโ€™S POWER has triumphed over STATE POWER.

Empowerment politics is the answer to our problem and the laugh and big joke is on those who question PDOISโ€™s approach, whilst wondering why what is happening in The Gambia is actually happeningโ€ฆ



Disclaimer: Views expressed in this section are the author's own and do not represent the editorial policy of Kairo News. Kairo News will trash any comment that inflames tribal, racial or religious hatred.

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