The Gambia… the day after

THE Gambian electoral crisis, it will appear, is fast approaching a denouement. This is because, today, which is the constitutionally stipulated date for the handing over of power, the country is in the hands of a power-monger instead of an elected president. This is in spite of the fact that already, there is a huge legal bulwark arrayed against President Yahya Jammeh. The Gambian Supreme Court, headed by a Nigerian, Emmanuel Fagbenle, had refused to halt the inauguration of the president-elect, Adama Barrow, declining to hear the application brought by the counsel to the country’s ruling Alliance for Patriotic Reorientation and Construction (APRC) on the ground of inability of the court to form a quorum. But on Tuesday, President Jammeh declared a 90-day national state of emergency, saying  that the measure was necessary because of the “unprecedented and extraordinary amount of foreign interference” in the December 1, 2016 presidential election which he lost to Barrow. This forced six ministers to resign from his government.

The inability to form a quorum of the Supreme Court justices is based on the refusal of Nigeria and Sierra Leone, which usually send judges to the apex court, to do that at the moment. The Gambia has always depended on judges from other West African countries to help fill the quota, given the paucity of its judges. Replying a correspondence to that effect sent to Nigeria dated January 5, 2017, Acting Chief Justice, Walter Onnoghen, had told his Gambian counterpart: “You will recall that justices are usually scheduled to sit in your Supreme Court in the month of May and November. Based on the long established understanding, our court sitting schedule is usually drawn up with the consideration of this assignment. In view of the above, I regret to inform you that the rescheduled dates for the sitting session of your Supreme Court are unfavourable to us as it will greatly affect our schedule and case management. I therefore urge you to adhere to the earlier schedule of May and November each year to avoid inconveniences to both judiciaries.”

By the tenor of the Supreme Court ruling refusing to stop the inauguration of Barrow as president, Jammeh will, today, become an illegal occupant of the presidential seat which he has occupied for 22 years. He has however vowed not to stand down for Barrow. Also, the African Union has said it will not recognise Jammeh as The Gambia’s president beyond today, while the United Nations (UN) has passed a resolution asking Jammeh to respect the results of the election.

While West African leaders are seeking ways out of the logjam, there were tepid insinuations of a military solution to the crisis. This insinuation has, however, been condemned by the Deputy Senate President, Ike Ekweremadu, who is a former Speaker of the ECOWAS Parliament. He urged the ECOWAS Heads of State, indeed the international community, to rather engage the Gambian leader in dialogue towards ensuring a resolution of the crisis. This, he said, would ensure the maintenance of The Gambia’s sovereignty as a nation. In case dialogue failed to get Jammeh out, Ekweremadu asked that the leaders should consider sanctions in line with the traditions and relevant protocols of ECOWAS.

“From Liberia to Sierra Leone, Cote d’Ivoire, among others, West Africa has seen so much bloodletting and political instability. Heavy destruction of lives and property has been visited on the sub-region by insurgency and terrorism, which remain present danger to the peace and security of West Africa. Instructively, what normally started like a child’s play often resulted in protracted but avoidable political upheavals and fratricidal wars,” he warned.

A number of aftermaths have developed on the crisis. Its electoral chief had surreptitiously exited the country, fearing that his life could be in danger. The president-elect himself recently fled the country to neighbouring Senegal, fearing for his life. Also, a few days to the investiture of Barrow as president, Jammeh reportedly expelled some foreign journalists from The Gambia. Indeed, the Gambian transition crisis is a major template of power in virtually all African countries. This is because the structure of governance is so personalised that a current holder of office sees himself as a personification of the power and office which he holds. This has led to a major dysfunction in the perception of a typical African leader of the concept and management of political power. This is why, in spite of whatever failings may be attributed to former President Goodluck Jonathan, Nigeria and Africa owe him so much appreciation for his equanimity in the face of massive pressure to remain illegally in office.

We urge the international community not to relent in its push for Jammeh to stand down from the position he has occupied for over two decades now. While we do not subscribe to military options to upstage the man who transmuted from a coupist into a civilian president, we believe that a concerted diplomatic push that will take the sail off his wind would be the most ideal option to take in this instance. ECOWAS, the AU and the UN should not relent in ensuring that Jammeh leaves office as stipulated by the constitution. This can only be achieved if they mount concerted pressure on him. All lawful means must be explored towards making sure that Jammeh leaves office as soon as possible.