As it is now, The Gambia is under emergency rule as
declared by its president of 22 years, Yahya Jammeh. The emergency rule
has become necessary in the estimation of Jammeh, following his
decision to challenge the outcome of the country’s December 1, 2016
election in which Adama Barrow was declared winner.
The impasse has been largely fuelled by
the haste with which the Economic Community of West African States
(ECOWAS) has not only intervened but also interfered in what should, at
this stage, be a purely internal matter of a sovereign nation.
Jammeh’s decision to challenge the
outcome of the election result is very well within his constitutional
rights. By this, the man who is said to have ruled his country with an
iron fist, is still within his constitutional rights to test the
validity of the election result in the law court.
Obviously, it is this right that the
ECOWAS nations and indeed a good part of the world has misinterpreted to
mean that Jammeh has refused to step down, and this is part of what has
heightened the impasse.
Just like in Nigeria, the declaration of
results by the electoral body does not mark the end of an electoral
process in The Gambia. The political actors are still constitutionally
permitted to challenge such results in the law court. Such electoral
matters can only be said to have been fully dispensed with after the
highest court constitutionally empowered to deal with such matters have
done so.
ECOWAS will be making a grave mistake if
they send in troops to The Gambia at this stage. What the regional body
should be concerned with now is to send in fearless and impartial
judges to that country from Nigeria as requested to dispense with the
matter speedily and judiciously. It is only after the country’s highest
courts have affirmed Barrow as winner and Jammeh refuse to step down and
handover to Barrow that a military action would be justified.
Another mistake ECOWAS made was their
choice of delegation as led by President Muhammadu Buhari to The Gambia
as emissaries of peace and democracy to persuade Jammeh to hand over
power peacefully and as scheduled.
Although Jammeh had earlier accepted
defeat and promised to leave the stage on the set date of January 19,
2017, he immediately did an about-turn the moment Barrow made the hasty
and politically disingenuous statement of probing Jammeh’s
administration.
Jammeh, who from his earlier posture,
wanted to play the Goodluck Jonathan card of handing over power to the
opposition after an election must have quickly remembered the Nigerian
situation where persecution, injustice, oppression, deprivation and
gross abuse of the rights of officials of the immediate past
administration in particular and the citizens in general have been the
order of the day, and recanted his earlier stance immediately.
The appointment of Buhari as leader of
ECOWAS delegation to The Gambia is a monumental error. How can a man
with no democratic credentials lead a mission of democracy? How can a
man who hardly obeys court orders as in the case of Sheikh El Zakzaky,
Nnamdi Kanu et al be the one appointed to mediate in a constitutional
process? Not even the orders of the same ECOWAS court on Sambo Dasuki
has been obeyed by Buhari months after they were given, yet, it is the
same man ECOWAS gave the enviable responsibility to convince Jammeh
about the need to leave the stage a democrat!
Buhari should not have been on that delegation not to talk of leading it.
With the continued denial of campaign
promises and policy somersaults, no leader would take Buhari’s word for
whatever it is worth. With the rascally behavior of some of our security
agencies under Buhari’s watch leading to many innocent citizens being
killed just for exercising their rights to assemble and protest, among
others, in Jammeh’s mind, Buhari’s discussion with him might just seem
like a dictator talking to a dictator about the need for a peaceful
transition.
In fact, during those dialogues with
Buhari, Jammeh might just be saying in his mind, “with your antecedents
and current style of leadership, how am I sure that you would hand over
power to your opponent if you were defeated in 2019?”
No doubt, Buhari is not the ideal
example of a democratic leader. Such a leader like him needs the
intervention of proven democrats to guide him on the inalienable
ingredients of democracy.
So for The Gambia to pass through this
phase peacefully and speedily, ECOWAS should facilitate the immediate
transfer of judges from Nigeria to that country as requested and allow
all parties exhaust all their constitutional rights and provisions made
available to them.
While that is going on, democrats with
proven track record of not being power-drunk and who also have
themselves handed power over to members of the opposition including well
respected figures like Nigeria’s Goodluck Jonathan, Ghana’s John
Mahama, Kofi Annan, Emeka Anyaoku etc should have been in the delegation
to the exclusion of the likes of our own Buhari.
It is only after the courts might have
ruled against him and such entreaties have failed that a military action
becomes desirable.
For now, let the delegation be
reshuffled and let The Gambia run the full course of its own
constitutional provisions. That way we do not attempt to right a wrong
with another wrong.
Jude
Ndukwe is a political analyst who lives and works in Abuja, Nigeria. He
is a member of The Trent’s Elite Columnists. His column is published
every Friday. He tweets from @stjudendukwe.
The opinions expressed in this article are solely those of the author.
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