Gambian President  To Face Medical Probe Due To Alleged Infirmity of mind!
……”APRC NAMS AND SERVICE CHIEFS MAKING PRIVATE CONSULTATIONS.”

“The members of the National Assembly shall deliberate on the report and vote on it the President shall only be removed where two thirds of the members present and voting, vote for his removal.(5) The report of the Board shall be final and conclusive and shall not be enquired into by any court.”Says the Gambian Constitution.

By A Staff Writer

Some members of Gambia’s parliament and security chiefs have been talking loud. The appointment of Fatou Jahumpa Ceesay as the country’s speaker was seen as a move to block any form of motion calculated to remove Jammeh from power in view of his ailing mental health problems. Fatou was called in to represent the President’s interest. Some members of parliament are planning to enforce section 66 of the constitution, which gave them the right to send the President for medical examination since according to them there is enough  material evidence available about Jammeh’s mental deficiencies. The average Gambian believe that Yahya Jammeh is mad and needs urgent medical help. Some service chiefs are equally concerned about  the President’s recent behaviours which they say is lowering the image of the Presidency. None of these officials want to be quoted openly but said they would support any move to evaluate the President’s mental status at this hour. The Ruling APRC should understand that the current situation is beyond party affiliation. What we have is a sick President who needs help. If the NAMS plans went well, Jammeh is on his way to campa for medical examination. The very section of the constitution which the NAMS intend to invoke reads”Mental or 66.(l) Where the Speaker receives a notice in physical writing signed by not less than one half of incapacity all . The members of the National Assembly alleging that the President is, by reason of infirmity of mind or body, incapable of discharging the functions of his office, and giving particulars of the alleged incapacity,the Speaker shall request the Chief Justice to constitute, on the recommendation of the head of the medical services of The Gambia, a Medical Board comprising at least five independent medical practitioners of appropriate standing. (2)The Board shall enquire into the matter and make a report  to the Chief Justice stating the opinion of the Board whether or not the President is, by reason of infirmity of mind or body, incapable of discharging the functions of the office of President. The President, and if he or she so wishes, his or her own medical adviser may appear, and shall have the right to be heard, before the Board.”

Jammeh suspected of
being mad!

The Gambian constitution also observed that”(3) Where the Board reports that the President is incapable of discharging the functions of his or her office by reason of infirmity of mind or body, the Chief Justice shall submit the report to the Speaker, who shall, if the National Assembly is not sitting, summon the National Assembly to meet within seven days.(4) The members of the National Assembly shall deliberate on the report and vote on it the President shall only be removed where two thirds of the members present and voting, vote for his removal.(5) The report of the Board shall be final and conclusive and shall not be enquired into by any court.”

 

Local observers in the West African country told the Freedom Newspaper that even though there are such provisions availabe in the constitution the Ruling party NAMS were bound to frustrate attempts to send the President on medical examination. An insider at the National Assembly  cited section 67 of the constitution which says”(1) The President may be removed from office in the president accordance with this section on any of the following grounds -(a) abuse of office”, wilful violation of the oath of allegiance or the President’s oath of office, or wilful violation of any provision of this Constitution, or (b) misconduct in that – (i) he or she has conducted himself in a manner which brings or is likely to bring the office of President into contempt or disrepute; or (ii) he or she has dishonestly done any act which is prejudicial or inimical to the economy of The Gambia or dishonestly omitted to act with similar consequences. (2) Where the Speaker receives a notice in writing signed by not less than one half of all the members of the National Assembly of a motion for the removal of the President on any of the grounds set out in subsection (1), specifying particulars of the allegations (with any necessary documentation), and requesting that a tribunal be appointed to investigate the allegations, the Speaker shall – (a) inform the President of the notice; (b) request the Chief Justice to appoint a tribunal consisting of a Justice of the Supreme Court, as Chairman, and not less than four other persons selected by the Chief Justice, at least two of whom shall b e persons  w h o  h o l d o r  h a v e  held  high judicial office.”

President Jammeh who recently provoked local and international controvery with this so called aids cure is risked being probed some members of the National Assembly. Section 67 also indicates”The tribunal shall investigat e the matter and shall report to the National Assembly through the Speaker whether or not it finds the allegations specified in the motion to have been substantiated. The President shall have the’ right to appear and be legally represented before the tribunal.(4) If the tribunal reports to the national Assembly that it finds that the particulars of any allegation against the President
contained in the motion have not been substantiated, no further proceedings shall be taken under this section in respect of
that allegation.(5) Where the tribunal reports to the National Assembly that it finds that the particulars of any such allegation have been substantiated, the National Assembly may, on a motion supported by the votes of not less than two thirds of all the members,resolve that the President has been guilty of such abuse of office, violation of oath, violation of the Constitution, or misconduct or misbehaviour as to render him or her unfit to continue to hold the office of President; and where th e National Assembly so resolves, the President shall immediately cease to hold office.”

A ruling APRC Parliamentarian told this paper that the speaker Fatou Jahumpa Ceesay has been cautioning them not to be used by selfish Gambians who are interested about the down fall of the President and his government. At a news conference, Fabakary Tombong Jatta  also accused the country’s private media of being baised against the APRC. Jatta urges the private media to report about the government’s developmental  programs and not only its shortcomings.

Posted on Sunday, February 25, 2007 (Archive on Wednesday, February 28, 2007)
Posted by PNMBAI  Contributed by PNMBAI

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