President-elect
Adama Barrow has reacted to President Yahya Jammeh’s televised statement
delivered on state-owned TV on January 10, 2017.
Barrow
says it is important to put the record straight, adding that “the statement of
the incumbent has not distinguished technicality and fact, and has not quoted
what the Constitution says before drawing conclusions”.
The
full statement of President-elect Barrow delivered on Thursday 12 January
reads:
STATEMENT
FROM THE OFFICE OF PRESIDENT-ELECT ADAMA BARROW ON THE 10TH JANUARY STATEMENT
OF THE INCUMBENT
The
statement of the Outgoing President calling for dialogue is done at the right
time. The Chief Justice had also added his voice to that of the National
Assembly in calling for dialogued between stakeholders to settle differences,
before the expiration of the term of office of the incumbent.
It
is, however, important to put the record straight. The statement of the
incumbent has not distinguished technicality and fact, and has not quoted what
the Constitution says before drawing conclusions.
First
and foremost, all polling and counting agents who were present at each polling
station knew the results of the votes cast
at each polling station, and had the power to order the recounting of
Ballot tokens before accepting any result from each of the polling stations.
Parties had possibility of knowing the results before they were announced by
the IEC. The fact is known to all the parties even if some have technical
concerns.
The
Office of President-elect Barrow, therefore, would like to convey to the
general public, with sincerity and honesty, that he was declared a winner after
the conduct of a free and fair Presidential Election, regardless of the
technicalities that may have emerged in the declaration of the results.
The
courts could determine what led to the declaration of two results. However, it is evident that none of the
results challenged the established fact that Adama Barrow won the 1st December
2016 Presidential Election.
The
second point that needs clarification is the following claim from the
incumbent:
“As
our Constitution provides, only the Supreme Court can review our challenge and
only the Supreme Court can declare anyone President, and so I ask each and
every one of us to respect the Supreme Law of the Republic and await the
Supreme Court Review and Ruling on the Election Results.”
This
statement is at variance with the letter and spirit of the Constitution.
Section 43 (2) of the Constitution states, without any ambiguity or
uncertainty, that:
“The
commission shall announce the results of all elections and referendum for which
it is responsible.”
This
is why the IEC announced the results of the 1st December Presidential Elections
and declared Adama Barrow the winner.
It
goes without saying that Section 63 (2) of the Constitution unequivocally
states that:
“The
person declared elected as President shall take the prescribed oaths and assume
office on the day the term of office of the incumbent President expires.”
It
is, therefore, clear that the person who is declared Elected as President by
the IEC should be sworn in when the term of office of the Outgoing President
expires.
The
term of office is clearly stipulated in the Constitution.
“The
term of Office of an Elected President shall, subjected to Subsections 3 and 6,
be for a term of five years and the person Elected President shall before
assuming office take the prescribed oaths’’.
Outgoing
President Jammeh has a five-year mandate. He cannot exceed his mandate. He is
not declared Elected, and is not mandated to succeed himself. This is the
simple and unalloyed truth.
The
Gambia has gone through peaceful Elections as provided for by Section 46 of the
constitution, which states: “There shall be an Election for the Office of
President in the three months before the expiration of the term of the
incumbent President”.
Election
has taken place according to law. The winner has been declared according to
law, and Election petition is filed by the loser. The winner should prepare for
inauguration, while the loser prepares for court. This is the fact that no
Gambian should deny or put under the carpet.
Dialogue
is necessary to reach mutual understanding on the peaceful way forward. The
Office of the President-elect is now waiting for the initiatives of the
Secretary General who is appointed Mediator General of the Government.
The
decision to release those arrested in connection with political matters, and
the commitment not to effect new arrests are steps in the right direction.
It
is hoped that this would be extended to all those in detention without trial
prior to the Election period.
It
is also hoped that all media houses that are closed down would be allowed to
operate, and cover the divergent views that would enrich the debate on the way
forward.
The
open arms extended to brother and sister Presidents from ECOWAS, the OIC, AU
and the UN for their kind words and support to The Gambia will also facilitate
mediation efforts from all sides.
The
Office of President-elect Barrow is confident that, if all adhere to the
verdict of the Gambian people and put the National interest before personal or
party interest, peace will prevail in
The Gambia at all times.
The
supreme interest of the people should be the guide of all our actions, in order
to maintain and consolidate national unity, peace and prosperity.
The
End
