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Momodou
Denmark
11835 Posts |
 Posted - 14 Oct 2006 : 02:48:06
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DEMBA DEM IS STILL AN MP
Following the arrest of Demba Dem, National Assembly Member for Niani constituency in connection to the allege abortive coup of 21st March 2006, people have been asking whether Hon. Demba Dem is still a National Assembly Member. Well according to section 91,(1) of the constitution, a member of the National assembly shall vacate his or her seat in the National Assembly:
a) On the dissolution of the National Assembly;
b) Subject to subsection (2), if any circumstances arise which, if he or she were not a member, would cause him or her to be disqualified for election as a member or nominated as a member;
c) If he or she resigns his or her office as a member;
d) If he or she ceases to be a member of the political party of which he or she was a member at the time of his or her election;
e) If, without the permission in writing of the speaker or reasonable cause, he or she is absent for ten or more sittings of the National Assembly during any period that the National Assembly is in session and continues to meet.
f) According to Section 90(1); "No person is qualified for election as a member of the National Assembly if he or she
g) Is under sentence of death imposed on him or her by any court, or is serving, or within five years of his or her nomination for election, completed serving a sentence of imprisonment for a term exceeding six months, imposed on him or her by a court.
It is evident that no court has imposed any sentence on Hon. Dem and that he is not serving any sentence. All that can be said at the moment is that Hon. Demba Dem is charged for treason and according to Section 24(3) of the constitution, "Every person who is charged with a criminal offence:
a) Shall be presumed innocent until he or she is proven or has pleaded guilty." Going by this constitutional provision, Hon. Demba Dem is as innocent as any other citizen. What is putting him under custody is the fact that he is charged for a capital offence which is unbailable.
Unlike Ramzia Diab, Dawda Bah and Duta Kamaso who were expelled by their party, Demba Dem has not been expelled and has not been sentenced by any court of law. Demba Dem therefore is still a duly elected National Assembly member from a legal point of view.
Source: Foroyaa Newspaper Burning Issue
Issue No. 88/2006, 12-15 October, 2006
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