After receiving commendations from prominent people for accepting defeat in the December 1, 2016 elections, incumbent Yayha Jammel shocked many when he decided not to step down.
According to Mr. Jammel, the election was punctuated with irregularities including errors made by the Electoral Commission and the turning away of some of his supporters from polling stations.
He then filed a petition to the Supreme Court, challenging the election results, and said the existence of this legal process means it would be unconstitutional for Adama Barrow who was declared winner by the Commission to assume office.
He also asked the Supreme Court for an injunction to stop the inauguration. The Chief Justice however declined to rule on it, saying he must recuse himself from any case that could affect his own position – he would normally conduct the swearing-in ceremony.
Although the Commission accepted that some of the results it initially published contained errors, it insisted Mr. Barrow won.
Jammel’s refusal to step down led to the swearing-in of Mr. Barrow at the country’s embassy in the Senegalese capital, Dakar, Thursday.
The ceremony administered by Sheriff Tambadou, President of the Gambian Bar Association was witnessed by ambassadors from countries in the UN Security Council and key African states.
Delivering his speech, Mr. Barrow called called on UN, ECOWAS and the African Union (AU), to force out Yahaya Jammeh to enable him (Barrow) take full responsibility of the country.
“My right as the winner to be sworn in and assume the office President is constitutionally guaranteed and irreversible. I hereby make a special appeal to ECOWAS, AU and the UN, particularly the Security Council to support the government and the people of The Gambia in enforcing their will and restore their sovereignty and constitutional legitimacy,” he said.
West African leaders have given Jammeh until noon on Friday to leave office or be forced out by UN-backed regional forces.
Newly sworn-in Barrow, who remains in Senegal, has said that he will not return to the Gambian capital, Banjul, until Jammel willingly relinquishes power or is forced out.
Could there be political crisis in The Gambia?
Jammel declared a state of emergency engineering a parliamentary vote to extend his presidency by three months.
According to him, this will help avoid a power vacuum on Thursday when his mandate expires till the Supreme Court examines his election petition.
The parliamentary vote took place while Mr Jammeh was officially president and is considered legally valid under Gambian law.
“At any time when The Gambia is at war or a state of emergency is declared, the National assembly may, by resolution supported by the votes of not less than two-thirds of all the members, extend the life of the National Assembly for not more than three months at a time, but the life of the National Assembly shall not be extended under this subsection for more than a total period of one year,” Article 99 (2) of The Gambia constitution says.
“Where the life of the National Assembly is extended for any period in accordance with section 99 (2), the term of office of the President shall be extended for the same period,” says Article 63 (6) as well.
A search on The Gambia could not tell who really is the president of the country as Jammel and Barrow popped up concurrently.
Could it mean The Gambia has two presidents?
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