We
will start this article by trying to understand the question of a coup d’état.
What
is a coup d’état?
The
word “coup d’état” also known simply as a coup, is a French word, meaning an
overthrow, is the illegal and overt seizure of a state power by the military or
other elites within the state apparatus.
What
is a military coup d’état?
The
sudden violent overthrow of an existing government by a small group.
The
chief prerequisite for a coup is control of all or part of the armed forces,
the police, and other military elements. To seize the head of the executive
(the seat of the power), or to kill him is the rule number one for any coup to
be successful anywhere. In fact that was the main reason why the recent coup in
Turkey failed, and it was one of the reason why the December coup against the
autrefois head of state failed.
Where
does the word coup come from?
Word
Origin and History for coup.n.c.1400, from Old French coup, colp “a blow,
strike” from Medieval Latin colpus, from Vulgar Latin colapus, from Latin
colaphus “a cuff, box on the ear”, from Greek kolaphos “a blow, slap”. Meaning
“a sudden decisive act”. Courtesy of www.dictionary.com.
We
are going to base our arguments on the following reasons as to why celebrating
a coup d’état should be illegitimated in The Gambia.
(1) Reason
number one: “Constitutionally”, it is illegal to celebrate a coup d’état
anywhere in the world. By virtue of Section (6), of the 1997 Constitution –
defense of The Constitution – and it reads:
“Any
person who – by himself or herself or in concert with others, by any violent or
other unlawful means, suspends or overthrows or abrogates this Constitution or
any part of it, or attempts to do any such act, or
Aids
and abets in any manner any person referred to in paragraph (a) commits the
offence of treason and shall, on conviction, be liable to the penalty
prescribed by an Act of the National Assembly for that offence”. The legal
justification of my argument.
(2) Reason
number two: “Legally”, is a corollary to reason number one, pursuant to Section
35 (c), of the Criminal Code – Treason – “prepares or endeavor to carry out by
force an enterprise which usurps the executive power of the State in any matter
of both a public and in a general nature”. Furthermore Section 51 (d) and (e)
of the aforesaid code – Seditious intention – and it states:-
“(d)
to raise discontent or disaffection amongst inhabitants of The Gambia; or
(e)
to promote feelings of ill-will and hostility between different classes of the
population of The Gambia”.
Therefore,
celebrating a coup d’état has no legal justification, no moral justification,
no political justification, no social justification, no cultural justification,
and more so not even an economic justification. All that have been said, and
all that is yet to be said, are embodied in the famous Latin maxim “extopi
causa nom orithur actio”, meaning no right can be derived from the wrong.
Triple Dr. Henry D.R. Carrol (M.R.G) Oxford trained lawyer and custodian of
Latin maxim. Sir I salute you.
(3) Reason
number three: “Politically”, celebrating a coup d’état cannot be linked to the
birth of any political grouping or affiliated to the existence of any political
party in The Gambia. So celebrating it, has no political justification
whatsoever. It was the day when we as a nation lost our glory to the league of
civilized nations. This was the day when we lost our constitutionality and the
constitutionalism of our democracy. We as a nation had an interregnum – a gap
in democratic dispensation and leadership for a period of 22 years. Thus, celebrating
a coup d’état will go a long way in undermining our political socialization –
which is a lifelong process by which people form their ideas about politics and
acquire political values. Politically, whoever wants to connect APRC to July
22nd ignorantly and unintentionally you are telling us that APRC is
illegitimate by birth. You mean to say that, they meant to say that APRC is
born out of wedlock, whoops! I did not say that, they said that. To be honest
the support base for APRC was driven by illiteracy and exacerbated by
ignorance. That argument ends the political justification.
(4) Reason
number four: “Socially”, social responsibility is an ethical theory, in which
individuals are accountable for fulfilling their civic duty; the actions of an
individual must benefit the whole of society. In this way, there must be
balance between the individual and the welfare of the society. Hence a gentle
reminder of Section 220 – Duties of a citizen – besides, every right comes with
a responsibility. Terminus to the social responsibility argument.
(5) Reason
number five: “Culturally”, culture is define as the ideas, customs, and social
behavior of a particular people or society. In other words, culture is people’s
way of life. For the past 22 years, we had a culture and a history of violence.
But let’s consider this: when violence systematically targets a group or
particular group of people, the resulting trauma lasts through generations. The
former head of State was like “I want your stuff, but I don’t like you”, meaning
you want Gambian peoples’ money, but you don’t like Gambian people”.
Ironically, some of you claiming to be APRC gladiators none of you were around
when the party was formed, so maybe you have worn a costume you didn’t know had
a violent history, or you had the intention of having a culture in a way you
didn’t realize was offensive, but you should now realize that what you learned
wasn’t even close to the entire truth. Given that history, it is not a surprise
that so many native people are angry about APRC fans who think they are
“honoring” history.
(6) Reason
number six: “Economically”, what is the cost of living? What is the cost of a
bag of rice? How much is the fish-money? How many hours to study? Which movie
to watch? If you are like most people, you constantly face decisions because
you don’t have enough time and money to do everything. At most basic level,
economic is the study of how people make choices when they face a limited
supply of resources. As a piece of advice, I think what APRC supposed to embark
on at this crucial time is to initiate activities that are financially
rewarding and productive to the party, simply because the chief sponsor is now
a fugitive. End of economic argument.
(7) Reason
number seven: “Historically”, yes we cannot re-write the history, but through
historiographical analysis we can redefine history and put it into its right
perspective. I am not sure it’s worth keeping July 22nd celebration anymore,
because it belongs to the violent and oppressive past, and not the true representation
of our Gambian history. It is demonizing for people to get up and say that they
are celebrating a coup d’état. July 22nd is not the birth of any political
party in the Gambia, and so cannot be linked to any political grouping.
Celebrating it, you are clearly and obviously celebrating a coup d’état which
is condemn by the civilize world. The whole of the July 22nd scenario was a
mistake - Your Lordship Almami Fanding Taal - and can only be relegated to the
dustbin of history. End of historical justification for my argument.
(8) Reason
number eight: “Democratically”, yes the word democracy is permissive, and it
permitted choice, hence one of its definition – a system of government by the
whole population or all the eligible members of a state, typically through
elected representatives. I only hope that Abraham Lincoln the 16th president of
the United States agrees with me if he were around for defining the word
democracy without mentioning the words “of” “for” and “by” the people, or do I
leave the political rundown of that literature to Dr. Ismalia Ceesay, our
contemporary political scientist. Political conditions before the coup d’état
in July 1994, the Gambia was one of the oldest existing multi-party democracies
in Africa. Though we had our shortcomings but there is no perfect democracy
anywhere in the world, not even the Almighty America. This democratic argument
ends within this democratic space.
(9) Reason
number nine: “Peace and Security”, peace building is a process that facilitates
the establishment of durable peace and tries to prevent the recurrence of
violence by addressing root causes and effects of conflict through
reconciliation, institution building (the police, army etc.), and a political
as well as economic transformation. At this juncture, I may quote the three
core values of the Office of the Special Adviser on Africa (O.S.A.A.), of the
United Nations, which underscore that:
-
there is ‘no peace’ without development;
-
there is ‘no development’ without peace; and
-
there is ‘no peace and development’ without human rights.
This
nexus between peace, development and human rights symbolizes, and
operationalizes the work of (O.S.A.A), and this supposed to be the formula for
any meaningful development anywhere. Henceforth, it should be given its
universal declaration for its applicability. Also peace and security come as a
bi-conditionality i.e.
-
there cannot be peace without security; and
-
there cannot be security without peace.
(10 )Reason
number ten: “Religiously”, 10 out of 10 “fitnah” is worse than killing.
According to the Quran: Suratul (Al-Baqarah: 217) “fitnah” is a crime worse
than murder. Ibn al-A’raabi summed up the meaning of fitnah when he said:
“fitnah means testing, fitnah means trial, fitnah means wealth, fitnah means
children, fitnah means kufr, fitnah means differences of opinion among people,
fitnah means burning with fire”. Equally Christianity, also preaches against
strife among people.
Matthew
12:25 – and knowing their thoughts Jesus said to them, “Any kingdom divided against
itself is laid wasted; and any city or house divided against itself will not
stand.
James
3:14 – 16: But if you have bitter jealousy and selfish ambition in your hearts,
do not boast and be false to the truth. This is not the wisdom that comes down
from above, but is earthly, unspiritual, and demonic. For where jealousy and
selfish ambition exist, there will be disorder and every vile practice. We
suppose to draw the line between justification and sanctification, end of
religion argument.
In
the final analysis: celebrating a coup d’état, will undermine and derail the
whole peace process of Truth and Reconciliation efforts. We should try and stop
the one-sided application of the law. In as much as we are trying to please the
other camp, we should be equally sensitive to the plights of the other group as
well. It will widen and increase the division within the already fragile
security situation.
Of
course we are aware of the whole lot of Chapter IV, a whole regime of laws are
dedicated to fundamental human rights. In exercising those rights come with
responsibilities, and remember your right stops at where someone else right
begins. Moreover we cannot follow the rituals of the law – meaning we cannot
worship the law as it is, but we can abide by the law. The laws are meant for
us, and we are not meant for the laws. Those arguing that, it is their
constitutional right, miss the whole constitutional argument here. I may refer
them to Section 25 (4), and it reads:-
“The
freedoms referred to in subsection (1) and (2) shall be exercised subject to
the law of The Gambia in so far as that law imposes reasonable restrictions on
the exercise of the rights and freedoms thereby conferred, which are necessary
in a democratic society and are required in the interests of the sovereignty
and integrity of The Gambia, national security, public order, decency or
morality, or in relation to contempt of court”. Dr. Dawda Samba thanks for the
reminder and the info.
Folks
am not the type who would choose to look the other side when the State is the
perpetrator or the main culprit. Ladies and gentlemen we came from a painful
past.
Gambians
demand dialogue and reconciliation and not jubilee celebrations.
Gambia
is at cross-road, we either do things the democratic way or we are done by
things the things way and get ready for the consequences. Time is of the
essence, we either cut the time or time will cut us. No single opportunity need
not to be wasted. We should not be that much insensitive to other people’s
plight. Also we cannot take Roman holiday on other people’s distress, or in
other words, we cannot take pleasure on other people’s sufferings.
In
as much as we want to impress someone somewhere.
In
as much as we want to please someone somewhere.
In
as much as we want to worship someone somewhere.
In
as much as we want to be loyal to someone somewhere.
In
as much as we want to provoke some other people.
In
as much as we want to insult some other people.
In
as much as we want to add insult to other people’s injury.
In
as much as we to add salt to other people’s injury.
In
as much as we want to re-open the old wounds of some other people.
In
as much as we want to derail national efforts.
In
as much as we want to undermine universal efforts; and
In
as much as we want to undermine national security.
It
has to be done within the parameters of the law, dictates by conscience and
extra plus ordinary common sense.
As
the English man – John Bull said, “add salt to injury”, but I will tell John
Bull that, if we allow celebrations to take place, is like we are “adding
pepper to injury” only with the permission from - Queen Elizabeth II - the
world’s oldest reigning monarch as well as Britain’s longest-lived monarch for
not speaking Queen’s English.
Hey
Johnny-come-lately or should I say Johnny-just-come, I am not trying to be
animated here but that is the reality on the ground. For some of you who wants
to celebrate a coup d’état, some us see it as our God’s given right to raise
the Jolly Roger flag – the traditional pirate flag – consisting of white skull
and crossbones on a black field. To remind you that, hey coup d’état anywhere
symbolizes death.
Truth
comes at a cost. We want democracy to protect us, and not to be casualties of
democracy. At this juncture, if may borrow from Stephen M. Walt Professor of
International Relations at Harvard University, that “the price of freedom is
eternal vigilance” or to use a more modern formulation: if you see something
say something.
It
is also an unsettling reminder, and very disturbing one for that matter, to
learn that some group of people want to hurt us as much as they could all in
the name of rights.
We
as Gambians demand for a definitive cancellation and banning of anything
associated with the celebration of a coup d’état.
To
conclude therefore, we pledge our firm allegiance to the Gambia, rededicate
ourselves to the Gambia, for an integrated, prosperous and peaceful Gambia.
May
the law guides you, and a little bit of common sense?
God
bless.
Author
Mr Jadama.
