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kobo
United Kingdom
7765 Posts |
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kobo
United Kingdom
7765 Posts |
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kobo
United Kingdom
7765 Posts |
 Posted - 31 Oct 2006 : 11:21:00
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What a dis-service and shambles to his credibility again for a man of Lawyer Darboe's calibre to even think he had chance to challenge the election results through the courts? Does he have any chance? In my opinion I don't think so its even prudent to challenge the presidential election results through the courts for lacking merits, like the case he was accussed of alleged murder with his party supporters, which drag on and on until finally struck out. This case cannot be finalised at the Supreme court if its credible as one of the parties may decide to further challenge decisions through or up to the International courts of justice. Can we wait for more than five years for a case to be laid to rests? We can't compromised accepting the results for a five year rule than trying to impress or clinch on justice system that could take more than five years challenging the results. The elections were not even too close to call, like the Bush v Al Gore campaign, invoked US Law and immediately challenged for recounts and recounts to Supreme court only to left Al Gore out! Thats not the case under Gambian Law. However am really impressed with the Chief Justices press realease and advising Lawyer to follow due process of Law and not to tarnished the Justice sytem! If you don't agree read: The Chief Justice Debunks Lawyer Darboe’s Statement under http://www.thepoint.gm/headlines1335.htm
Its may opinion that common sense or short-cut approach would have assisted addressed certain weaknesses against the opposition before next general elections. With this approach one has to use the MOU signed by all political parties, which appears to have been sponsored or endorsement of Commonwealth and other stakeholders. There were commitments under this document and any party not satisfied should forward petitions to the sponsors of the MOU rather than politicising the courts.
I believe they were interested to mobilised resources and funding for the elections which instigated them to endorsed the MOU. How much money was allocated to the various parties by sponsors of MOU who encouraged them to be committed, observed humility and conditions of the MOU during elections? Any fortune made respectively?
The best and easiest thing for Lawyer Darboe, in my opinion is to humbly resigned from politics, step down as party leader and encourage a younger generation to led UDP or any tactical opposition party. |
Edited by - kobo on 31 Oct 2006 14:50:10 |
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kayjatta
2978 Posts |
Posted - 31 Oct 2006 : 20:50:06
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Kobo, you may be right that Darboe had very little if any chance at victory by sueing against the last September election results.
Now Darboe's petition is struck out and the lawyer is at a war of words with the Chief Justice , that is very sad.I read the Chief Justice's response to Darboe's remarks yesterday that he Darboe should have sought redress through the courts for any dissatisfaction he may have about the ruling of the supreme court. But the fact is that Darboe is both a lawyer and a politician and he is entitled to make both a legal and a political issue out of this case.
The truth also is that the court IS NOT LIKELY to rule IN FAVOR of Darboe because of the "apprehension of harm" the State House(the president) will inflict on the Chief Justice and the judiciary.Arguably there could not have been any free and fair hearing for Darboe's petition.
Now the outcome of this case in my opinion is very harmful for Darboe's political image , but nationally the legal and political issues raised by the case will continue to reverberate.
Is there a possibility for an appeal ? And will Darboe has any chance of a free and fair hearing and even more remotely a favorable judgement ?
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kobo
United Kingdom
7765 Posts |
Posted - 31 Oct 2006 : 23:48:16
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Kayjatta I don't buy your opinions trying to pre-empt the situation and insinuate that Justice or due process of law would not take its course, attempts to discredit the Judiciary and making assumptions just like Lawyer Darboe. Leave Lawyer and any solicitor who is competent like him, to execute whats best is good or action to take if this case merits to be pursued through the courts. The Chief Justice press realese is just dynamic, impressive and more credible than Lawter Darboe's in my opinion.
I would re-iterate this case can be pursued up to the International court of justice and may take more than the five year term of what Darboe is fighting for. Is it prudent to challenge the results? I don't think so! |
Edited by - kobo on 01 Nov 2006 00:11:23 |
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kayjatta
2978 Posts |
Posted - 01 Nov 2006 : 01:41:34
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KOBO, there is no doubt that there is merit in Darboe's case or let me put it this way : Darboe's case has not been challenged in court for it's merit , therefore it is not the court's decision that it is meritless.
According to the chief justice , Darboe lost the case because "he did not diligently prosecute " it because he failed to appear at two sittings without leave of court.Therefore , the judgment is based on Darboe's default(judgment by default).
Now I do not have any qualifications to say that the chief justice made an error of law as Darboe claims , but i seem to sense that the chief justice could not have ruled in favor of Darboe's petition in the first place and survive the wrath of Jammeh.
I think Darboe is on the road for much political damage , however i strongly believe that every action causes a reaction.That whatever the outcome, this case raises some important political and legal issues that will continue to haunt Gambia. |
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kondorong
Gambia
4380 Posts |
Posted - 01 Nov 2006 : 01:43:52
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KAYJATTA
ARE YOU A LAWYER? THE LANGUAGE OF YOUR CONTRIBUTION SPEAKS VOLUMES. |
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kayjatta
2978 Posts |
Posted - 01 Nov 2006 : 02:28:56
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| Not yet Kons. |
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kobo
United Kingdom
7765 Posts |
Posted - 01 Nov 2006 : 10:10:56
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quote:
Originally posted by kondorong
KAYJATTA
ARE YOU A LAWYER? THE LANGUAGE OF YOUR CONTRIBUTION SPEAKS VOLUMES.
Good points Kons! Thanks! |
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