This is my position on the situation in the Gambia.
1. Mr Jammeh did right by filing the case at the Supreme Court. It is however not enough to stay in power. He set the precedence in 2011 and went ahead to swear himself in despite a pending case in the Supreme Court against the result of the election.
- He asked the court for an injunction which has not been granted. It is therefore clear that he acknowledges that in the absence of such an explicit order as requested, the inauguration of Mr Barrow must take place today.
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Since The Gambia relies on ECOWAS for judges, an example can be drawn from other Common Law ECOWAS jurisdiction. The Republic of Ghana went ahead with the inauguration of Mr. John Mahama in 2013 despite a pending case against the election he won.
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On midnight 18th January 2017, Mr Yahya Jammeh ceased to be the President of The Gambia and Commander in Chief of the armed forces of same. Today, Mr. Barrow will be sworn in as the president and the Commander In-Chief of The Gambia.
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Members of the Gambian Armed Forces would be expected to pledge their allegiance to their new commander- in –chief. Any action otherwise, would be an act of treason.
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The intended Military action planned by ECOWAS would only become necessary fail to remain loyal to their constitution.
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After the inauguration of the new president, any individual; soldier or civilian who attempts to sustain the status quo ante by force becomes a rebel. Should Mr Jammeh decide to lead such a group in effect becomes a rebel leader.
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When the ECOWAS Stand -By Force acting on the orders of the new Commander- in- Chief, enters The Gambia any opposition to them becomes a rebel action against the legitimate government of Gambia.
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It has been argued that an intervention by ECOWAS infringes on the sovereignty and independence on The Gambia. However, should ECOWAS intervene on the invitation on the New President, it is perfectly legal.
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It has also been argued that a diplomatic solution should be explored and military action should be a last resort. I respectfully submit that we are at the last resort. Attempts at negotiations have failed; the offer of asylum by the government of Nigeria which was communicated by the lead negotiator of ECOWAS President M. Buhari has been rejected. Today, the term of Mr. Jammeh has expired. It is indeed a last resort.
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It is my expectation that such an action would be taken with full regard and consideration to civilian safety.
