By Lamin Cham
Musa Basadi Jawara, (MBJ) a Gambian economist and international affairs analyst has warned that any attempt to put former president Yahya Jammeh on trial in The Gambia, risks instability.
In a strong opinion piece on the recent appointment of a Special Prosecutor to try crimes committed under Jammeh, shared with The Standard Mr Jawara argued that the former dictator retains a deep political base, ethnic loyalty and party support. ”His trial would become a trial of a constituency, and not that of an individual and that comes with the risk of national fracture,” Jawara warned.
Also, according to Mr Jawara, the 1997 constitution which Jammeh tailor-made to suit him, provides immunity from civil or criminal proceedings for anything done or omitted by him in his official capacity as head of state, and that immunity continues unless removed by the National Assembly. ”In fact Section 13 under the Second schedule was made to maintain the 1994 coup and its aftermath and these are still the law books of The Gambia. So in truth, you cannot enforce the recommendation of the TRRC using a constitution that shields the accused. The law will fight itself,” Mr Jawara said.
He said the cost of the government’s failure to come up with a new constitution is now being paid.
Jawara further argued that another reason why trying Jammeh at home will be hard is that his former top aides are now wielding power in positions of ministers, permanent secretaries and security chiefs and therefore putting Jammeh on trial here complicates such officials as they would become material witness or potential co-accused persons. “How do you prosecute yesterday with today’s government in the witness box,” Jawara concluded.
