By Madi Jobarteh
The president has no authority to discontinue any court case in anyway. He has no such powers at all!
The power to discontinue a criminal case lies with the Director of Public Prosecution under Section 85 of the Constitution. Hence if the president did enter to stop the trial of PIU officers on the recommendations of the Faraba Commission then his decision constitutes a violation of the Constitution.
The president can only exercise his prerogative of mercy on individuals who are convicted and serving time. But he cannot stop any court case in any way at anytime. This is a clear abuse of power and direct interference with the Judiciary.
The Minister of Justice should advise and guide the president accurately otherwise let Minister Tambadou resign than to watch the president flout the rule of law with impunity!
The Faraba Commission had a mandate and they delivered. The president had opportunity to review their recommendations and to agree or disagree and state his reasons for disagreement. But after having agreed to those recommendations and which are now being implemented in full the president cannot turn around to change those recommendations as he likes.
Barrow has set a very dangerous and irresponsible precedent! He is telling us today that if the Janneh Commission is also ready and after accepting its recommendations he will once again succumb to the demand of any group of people to reverse his decision.
He is telling us that he will do the same for the TRRC when it is done with its work and submits its report! That would be disaster for the country!
These institutions were set up with a huge amount of resources with the aim of ensuring accountability. But today Barrow has shown us that he is the biggest obstacle to accountability in The Gambia hence he is not interested in human rights and justice neither is he interested in any system change.
By this decision Barrow has distinguished himself as the biggest threat to national security and the greatest obstruction to system change!
It is high time our political party leaders stop talking about the Coalition MoU and stand up to defend the masses from a president who has no regard for the rule of law, justice and national security!
The trend Barrow is pursuing clearly shows that The Gambia cannot afford more than 3 years with Adama Barrow at the helm! By 19 January 2020 Adama Barrow must step down and hand over the mandate of the people back to citizens!
For The Gambia Our Homeland!