Coronavirus: Gambian activist faults President Barrow’s emergency extension

12 Juin 2020

Banjul, Gambia, June 12 (Infosplusgabon) – Madi Jobarteh, one of Gambia’s leading Human Rights Activists, on Friday vehemently challenged President Adama Barrow’s emergency extension orders because of the coronavirus pandemic, saying it contradicted Gambia’s constitution.

On June 10, Gambian government Spokesman, Ebrima G. Sankareh, said that President Barrow has relied on Section 34(6) to declare a continuation of state of emergency in the West African country.

However, Mr. Jobarteh disagreed, arguing that the wording of the government press release clearly indicated that the declaration was an extension as it stated, ‘continues to exist’.

“The question is what continues to exist? Obviously they are referring to the state of emergency that was in place from May 19 to June 9. Hence the idea that this is a new declaration on the basis of Section 34(6) is false” queried Mr. Jobarteh.

President Barrow declared a State of Emergency in order to contain the spread of the Coronavirus, relying section 34(1) and (2) of Gambia’s 1997 constitution on March 27th which expired on 2nd April.

Furthermore, Mr. Jobarteh argues that President Barrow should have constitutionally relied on sections 34(2) and (5) to declare a state of emergency extension and not section 34(6).

According to Mr. Jobarteh, the President and his Minister of Justice are trying to play with citizens' minds by seeking to separate section 34(6) from the rest of section 34 just to perpetuate an unconstitutional and undemocratic act.

“It is the same narrative we saw this president and his advisors peddle when he sacked Ya Kumba Jaiteh, unconstitutionally. They claimed that section 231 empowered the president to revoke Jaiteh’s nomination because he nominated her in the first place. But it was good that the Supreme Court ruled against them. Just because you have the power to appoint or nominate does not necessarily mean you have the same power to fire,” he added.

Mr. Jobarteh held that President Barrow could not use section 34(6) to extend his state of emergency as it is clearly spelt out in the constitution that it is the National Assembly that can extend a state of emergency.

Madi urged Gambians to stand up and defend their constitution and newly-found democracy. He added: “In the wake of this pandemic we have seen several governments employ unconstitutional means by hook or crook just to refuse to be held accountable.

"If the President is scared that his second request would be rejected, then let him adjust himself and perform better so that NAMs will approve his request. If he is afraid that hard questions would be asked about the transparency and accountability for the use of public funds, then let him ensure that they manage our funds well," he added.

“I hereby urge President Adama Barrow to revoke his June 10 declaration and instead request the Speaker to reconvene the National Assembly in an extraordinary session to consider extending the state of emergency that expired on June 9. Respect the rule of law and the Constitution,” he concluded.

FIN/ INFOSPLUSGABON/UJH/GABON2020

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