Our
Ref: Petition/16/12/2019
Your
Ref:
16
December 2019
President
Adama Barrow
Office
of The President
State
House
Marina
Parade
Banjul,
The Gambia
Your
Excellency,
Re:
The 3 Years Transition Pledged and The 3 Years Jotna – The Petition
On
14 October 2016, you signed a memorandum of understanding with six political
parties and one independent candidate of the Gambia, which set in motion the
formation of what later became Coalition 2016. The motivation for such a
momentous initiative was spurred by national interest over all party or
individual personal interests, at the time, as it was encapsulated in the
preface of that agreement, which reads:
“We,
the signatories of this memorandum comprising the representatives of the member
parties of the Gambia Opposition for Electoral Reform (GOFER), the aspiring
Independent Candidate from the Civil Society and the invited participants from
Civil Society, putting their differences aside, in pursuance of the supreme
National interest, do here agree” …
Thereafter,
on 30 October 2016, you were elected, as the flag bearer of the opposition
Coalition of that six political parties and one independent candidate, agreeing
to adhere to the Coalition’s Memorandum of Understanding, which was published
the next day on 1 November 2016 confirming the formation of Coalition 2016,
grounded on the following principal terms. These were that:
i.
the elected flag-bearer of the Coalition would contest the 2016 election, as an
independent candidate for the Coalition with no allegiance to any one political
party of the coalition;
ii.
the flag-bearer, once elected as President, shall head a transitional
government for 3 years, as President;
iii.
the flag-bearer, once elected as President, shall organize and supervise
presidential election, at the end of the 3 years term, which he will not
participate as a candidate until after the first term of his successor.
Your
excellency, in countenance to that MOU Agreement or acquiescence to the same,
on 3 November 2016 you wrote a letter of resignation to the United Democratic
Party (UDP) – the party you belonged at the time and was representing – to
confirm your resignation from that party, in adherence to the terms of the
Coalition MOU. As a result, you became the Coalition Flag Bearer for the
Presidential election of 2016.
You
further confirmed your countenance to the Coalition MOU in your subsequent
Manifesto document for 2016 presidential election, in which you pledged:
“………,
I (Adama Barrow) have offered myself as
an Independent Candidate who will serve
for only three years at the head of a broad based and inclusive Coalition Government aimed at conducting Constitutional,
institutional and administrative reforms that would establish the foundation of
a democratic system of administration that would put an end to the culture of
impunity and self-perpetuating rule and usher in an era for Gambians to enjoy
liberty and prosperity under a system of
government that is sensitive and responsive to the needs and aspirations of its
citizenry.”
This
was further reiterated in your political campaign posters, which were inscribed
with the same pledge that:
“Adama
Barrow does not aim to be a President for life but is committed to serve as a
transitional President for 3 years to consolidate democracy and create a level
playing field for parties to contest elections.”
In
addition, you and your Coalition 2016 campaign entourage toured the length and
breadth of the Gambia, reaffirming that pledge to serve 3 years transitional
government, after which you will hold presidential election, which you will not
be a candidate, and will graciously hand-over power to whoever is voted – by
the Gambian people – as your successor. You promised this was necessary to
create a level playing field for the foundation of a genuine democracy in the
Gambia, in which – at the outset – was not aided or influenced by the
advantages of incumbency of the incumbent president.
Your
excellency, we the supporters of that 2016 presidential election Manifesto and
Campaign Pledge, and the principals of your Coalition 2016 Agreement, at the
behest of whom your Coalition partners, who entered into that agreement with
you were acting for – as supporters and members of their various political
parties namely: UDP, PDOIS, GMC, NCP, PPP, and GPDP; we seize this opportunity
to remind you of the terms of that agreement you entered into with us.
We
wish to emphasise to you the significances of the terms of that agreement to
our national interest, which – as we noted above – will help our country to
establish a genuine democracy, founded on a presidential election, that was
unfettered by the advantages of incumbency.
Your
excellency, the Gambian people desires for such a democratic foundation in the
Gambia, which you agreed, promised and pledged to deliver for them after 3
years. That 3 years has now dawn on us without any signs of your willingness to
commit yourself to the full implementation of that agreement, promise and
pledge to us. Thus, your excellency, as concerned citizens and supporters of
the Coalition MOU, we have now mobilised ourselves under the brand name of ‘3
Years Jotna’ (which translates to mean: “it’s now 3 years”), dedicating our
course to the implementation of that agreement entered between you and our
political party representatives. Thus, we send you this petition, as members
and supporters of that course, to remind you that, it is now 3 years, which marks
the end of your transitional government, as agreed and affirmed by the
Coalition MOU 2016 and affirmed by your Campaign Manifesto of 2016.
Your
excellency, we now demand an announcement from you to the Gambian people before
the 19 January 2020, as to when you intend to hold the Presidential elections
agreed, in which you will not be a participant and will remain impartial
without favour for any candidate of that election and will hand-over power
honourably and graciously to whoever emerges as the victor of that election.
Your
excellency, we refuse to accept that you have already made such a decision to
negate on our agreement, affirmed by your 2016 Manifesto and Campaign Pledges.
And for the sake of our country and its prosperity, we hope you have not. For
the Gambian people will not batter their future for yours or any other
President. Thus, it is important that you take time to ponder on that
announcement very carefully.
Your
excellency, whilst pondering on that announcement, we crave your indulgence to
factor in the following significances of the 3 years transition to the
Coalition Agreement 2016. Without which, we assert, there would have been no
Coalition of opposition parties in 2016. And without the Coalition Agreement of
2016, there would have been no victory against Yahya Jammeh, and you would have
never been the President of the Gambia.
This
was confirmed by Honourable Halifa Sallah, a prominent member of the Coalition
2016, who served as the spokesperson of the Coalition, and current member of Parliament,
explained the significance of the 3 years stipulation in the Coalition
agreement in a press conference of 16 August 2019, in which he stated:
“That
is why we said the person who will be there will be there for 3 years, why? It
is because it endears the person to the electorate after 22 years of
self-perpetuating rule of the Second Republic and 30 years of self-perpetuating
rule of the First Republic. This would have been a ‘nenemajo’. That is the
reason. It endeared the country to its people and to the world – that was the
reason. The whole objective of saying that the person will not contest in the
next election is to eradicate incumbency. Everywhere in this world, incumbency
is the first way of rigging elections because it puts you at an advantage. So
we said let us get rid of advantage, let us get rid of incumbency – the person
will not stand in the next coming elections. To move further, we said the
person will not support any party in the next election to ensure that there is
real democracy where there is level ground for multi-party contest.”
Thus,
it is conspicuous enough that your pledge to serve a transitional government of
3 years was aimed to influence Gambian voters, which is reflected in their
votes for you, as the Coalition 2016 presidential candidate. In contrast, both
of your opposing contestants: Yahya Jammeh and Mama Kandeh, campaigned for 5
years term and both lost, however your campaign for 3 years resonated with the
people, which resulted in your victory.
Thus,
your excellency, any negation from fulfilling the Coalition 2016 agreement,
would amount to treachery and fraud, which would not be done against just your
Coalition partners, but that of the many Gambians, who voted for you on 1
December 2016. The consequences of such infidelity will not only impugn your
legacy, but will further perturbed the integrities of your coalition partners,
and the Coalition 2016 model, which could serve as a paragon for many countries
and generations to emulate and emancipate themselves from the shackles of
dictatorships and tyrannical rules.
Your
excellency, you said you are a man of grace, honour and sincerity! For our
sake, we hope you are indeed of these qualities; for our country and our people
cannot afford to be led or headed by another leader of debased and depraved
qualities. And your qualities in the eyes of the people will be judged by your
fidelity to your promises, pledges and agreements. It may not matter to you,
but as decent people, it matters a great deal to the Gambian people, to be led
by a leader who has honour, grace and sincerity.
Your
excellency, of recent you have cited the constitution, as the supreme law of
our land, which is agreed by all sound and sundry Gambians! And all shall
endeavour to do their utmost to adhere to the dictates of that constitution.
However, we wish to assure you that there is nothing in the constitution that
prohibits you from fulfilling your 2016 agreement with us. Our agreement was
designed in contemplation of the constitution extant, which accommodated the
possibility of a President resigning at anytime of the elected term of 5 years.
The constitution never envisages or dictates that a sitting President cannot
resign during the elected term of 5 years. For the 5 years elected term
provided in the constitution merely refers to the maximum term an elected
President can serve in office, but did not command the President to serve the
whole of that term in office.
Thus,
it was never the intention of our constitutional framers neither the Gambian
people, who voted for the same in 1997 – to become their supreme law – to place
any compulsory obligation on you or any other President to serve the whole of
that 5 years term in office. We submit that that simply could not have been
attributed to the intentions behind the 1997 constitution. For, if such is
their intended command, the framers of our constitution would not have catered
or accommodated the possibilities of the President’s death, infirmity,
impeachment, and resignations. Since their command would have been for the
President not to die whilst in office, or suffer infirmity or be impeachable or
be able to resign during the five years of the elected term of office. We
therefore submit that, your excellency that the 2016 MOU agreement for you to
serve 3 years transitional term in office was in total alignment with our
constitution and honouring the same causes no breaches to our constitution.
This
was further corroborated by Honourable Halifa Sallah in the same press
conference of 16 August 2019 that:
“Section
65 of the Constitution provides for the resignation of the President so it is
wrong to say that the Coalition partners did not know the Constitution,
otherwise they would not have said three years. It provides for a vacancy in
the Office of the President through resignation or death of the president. If
the Constitution says 5 years and you die before the 5 years, will you still
remain to be the president? A constitution must provide for resignation, it
must provide for death, it must provide for vacancy and it does and we realise
that. That is why we said the person who will be there will be there for 3
years, ….”
Your
excellency, we have been told many a times that you have already taken a
decision to renege or show infidelity to our Coalition 2016 MOU agreement. We
hope you will take time to reflect and ponder over that decision and its
consequences and implications: on your personal legacy, that of the Coalition
2016 members, and that of the Gambian people.
We
remind you, your excellency, as you were once reminded by Sheriff Kijera – vice
chairman of the Gambia’s Centre for Victims of Human Rights Violations, at the
inauguration ceremony of the TRRC on 15 October 2018 – that there is life after
Presidency. We elaborate further that that life after presidency can be full of
grace or disgrace, depending on the choices or decisions you take and the
timing of those choices or decisions. We wish to remind you that the most
regrettable choices or decisions taken by leaders of the past, were mostly
inspired by their aspirations to perpetuate rather than to relinquish power at
the right opportunity. One clear example is your predecessor, Yahya Jammeh,
whose decision to renege on his acceptance of the election results of 1st
December 2016, led to his disgraceful exit and exiling to Equatorial Guinea.
Your
excellency, the right opportunity for you to make that right decision about
your future and that of your country, is at the end of the 3 years, which has
now dawn on us. Any attempts to perpetuate would tarnish the much-cherished
legacy you crave for and further spell bad omen for the Gambia, the country you
claimed to have loved dearly. For the Gambia has since independence been led by
leaders who hanker to perpetuate than to relinquish.
Your
excellency, if you made the wrong decision at this right moment, you will be
known among many of our leaders gone and yet to come, as the worst betrayer,
who betrayed his own published agreement with the Gambian people. You will
jeopardise the much-cherished treasure of our nation, which is peace. Though,
the Gambians will go to any length to protect that peace, but be reminded that
peace is not the absence of tension but the presence of justice. And it is not
just for you to defraud our people in the manner that is as treacherous, as
promising to serve 3 years, only to extend that to 5 years through the
backdoor.
Your
excellency, if you negate on the 3 years transition agreed, pledged and
promised, you will lose the trust and confidence of the Gambian people and will
lack credibility of our people, which will attract defiance from the people for
the rest of whatever days you usurp power, as a result of the treachery and
deceit of your apostacy to our agreement.
Your
excellency, on 1 December 2016, the Gambian people voted for change and that
change had inspired our citizens to take responsibility of their future and to
sacrifice, just like the national martyrs of Solo Sandeng and Solo Kuruma, in
order to hold our leaders accountable for their actions, statements and deeds.
This is a responsibility, we the citizens take very seriously, in order to
prevent our country from returning to dictatorship or self-perpetuation.
Thus,
your excellency, today, 16 December 2019, thousands of Gambians have converged
on the Banjul High Way, between Sting Corner Junction and Denton Bridge to show
their support for the Coalition 2016 Agreement with you and admonish you to
adhere to that Coalition 2016 Agreement. The same numbers or even more after
the success of this event intend to march to State House on 19 January 2019,
and will not adhere to any police permit restrictions to manifest their
grievances against your breach of the Coalition 2016 Agreement.
Unless
you act as petitioned in this letter, which is for you to announce before the
19 January 2020, the date you will be holding presidential elections, as
envisaged in the Coalition Agreement of 2016, in which you will not be a
participant and will handover power to your successor. We demand that this
presidential election be staged before or on the 9 September 2020 but not later
than that date.
We
understand that this will require changes to our current constitution at
Section 46, which states that:
“46.
There shall be an election for the office of the President in the three months
before the expiration of the term of the incumbent President. The dates for the
nomination of candidates and for holding the election shall be determined by
the Independent. Electoral Commission.”
Thus,
we further demand before the 18 of February 2020, an amendment bill for Section
46 of the Constitution be tabled before the National Assembly, where we believe
there will be sufficient support for that amendment, in order that the amended
bill will read as follows:
“46.
There shall be an election for the office of the President in the three months
before the expiration of the term of the incumbent President; or three months
after any date the office of the President becomes vacant – due to: death,
impeachment, infirmity or resignation of the incumbent President; or three months
after an incumbent President has written to the Speaker of Parliament and IEC
Chairman requesting for such an election to be held. The dates for the
nomination of candidates and for holding the election shall be determined by
the Independent. Electoral Commission.”
We
believe such an amendment to our current constitution, which is long overdue,
will enable you to fully implement the noble ambitions of our Coalition 2016
Agreement. Any negation to the above, your excellency, will have dire
consequences for our country and our future.
We
thus hope, for the sake of our much cherished national treasure of peace and
stability of the Gambia, you will see sense and do the honourable thing and
make plans for a peaceful and impartial presidential elections to take place
before the 9 of September 2020; which you will not participate and will be an
impartial arbiter for the sake of our country’s future and the a successful
conclusion to our Gambian story of defeating tyranny through the ballot boxes
and replacing it with a successful democratic transition, that enjoyed freedom,
rule of law and respect for fundamental freedoms, capped by impartial
democratic presidential elections akin to none.
Your
excellency, that will be the beautiful ending of our 2016 success story, and
any other ending will be ugly and undeserving of the Gambian people.
We
look forward to your response to our demands by the 10th January 2020, if we
receive no positive response from you by that date, we shall assume that you
have resolved to proceed with your treachery to usurp power through the
backdoor. This will leave us with no choice than call on every patriotic and
reasonable Gambians to take to the streets on 19 January 2019 demanding for
your resignation.
We
look forward to your response.
Yours
faithfully
On
behalf of all in support of the 2016 Coalition MOU
CHAIRMAN,
3 YEARS JOTNA
Cc:
Gambia Press Union Members, Members of the Diplomatic Corps, Gambia Political
Leaders, International Organizations in the Gambia, CSOs, etc
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