One of the leaders of the Gambia’s winning coalition led by President-elect Adama Barrow has swiftly reacted to the country’s outgoing President’s declared state of emergency.

Lawyer Mai Ahmed Fatty, who leads the opposition Gambia Moral Congress, said “an executive directive does not constitute law, and cannot override the law.”

Read below Lawyer Fatty’s written reaction to Yahya Jammeh’s last minute plot to remain in power illegally.

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 precondition – “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, amount to a fundamental breach of the spirit and letter of the Basic Law. Therefore, this unlawful declaration, will neither stand, nor will it be respected. It changes nothing.

On the 19th January, 2017, a new government SHALL be enthroned, and Jammeh will either be a former president or an outlaw.”



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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