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2016–2017 Gambian constitutional crisis

A constitutional crisis occurred in The Gambia following presidential elections in December 2016, in which challenger Adama Barrow achieved an upset victory over longtime incumbent Yahya Jammeh. It eventually concluded after a military intervention by the Economic Community of West African States (ECOWAS) led to Jammeh's departure from the country.

Initial reactions
Following the announcement of the results of the elections, opposition supporters widely celebrated the surprise victory and were stunned by Jammeh's concession of defeat. Thousands of people celebrated in the streets of Banjul. However, some expressed caution about what Jammeh might do next – suggesting that he could still try to retain power despite what had happened. A businessman said "I will only believe it when I see him leaving state house. He still controls the army, and his family are the top brass." Darboe had been arrested in April 2016 and sentenced to three years in prison, and his arrest had led to Barrow's candidacy. Interviewed shortly after the election, Barrow thanked the Gambian people, including those in the diaspora outside of the country, and appealed to them to put aside their differences and work together for the development of their country. He said, "I know Gambians are in hurry but not everything is going to be achieved in one day. I would therefore appeal to all Gambians and friends of the Gambia to join us and help move this great country forward. I don't want this change of regime to be a mere change. I want it to be felt and seen in the wellbeing of the country and all Gambians. So we are calling on all Gambians and friends of the Gambia to help us make the Gambia great again." Barrow said his early priorities include helping the agriculture sector. He said "We don't have minerals here. The backbone of this country is agriculture. ... Under President Yahya's government, all those farming centres collapsed completely, and they no longer exist." Asked about his plans for judicial reform, he said "We want a free and independent judiciary whereby nobody can influence the judiciary. We will put laws in place to protect those people running the judiciary. They will have that job security, they will have that independence. We will reduce the powers of the president." == Jammeh rejects results ==
Jammeh rejects results
On 9 December 2016, Jammeh appeared on Gambian state television to announce that he had "decided to reject the outcome of the recent election" due to "serious and unacceptable abnormalities ... during the electoral process". He said that a new election should be held under "a god-fearing and independent electoral commission". The announcement came after Fatoumata Jallow-Tambajang, the chair of the opposition coalition, called for Jammeh's prosecution. Within a year after the handing over of power in January 2017 and said "We are going to have a national commission for asset recovery" to obtain the return of money and property from Jammeh and his family. By 10 December, the military of the Gambia was deployed in key locations in Banjul, the capital, and set up sandbagged positions with machine guns, although they were just waving the citizenry through the checkpoints. An attempt by Economic Community of West African States (ECOWAS) chair and President of Liberia Ellen Johnson Sirleaf to negotiate a resolution to the dispute failed when Sirleaf's plane was not allowed to enter the country. There is currently a Chief Justice of the Gambia, but there has not been an active Supreme Court in the country for a year and a half (since May 2015), According to human rights groups interviewed by Reuters, Jammeh wields considerable influence over the courts. Of the three Chief Justices between 2013 and 2015, one was jailed, another was dismissed, while the third fled the country after acquitting someone whom Jammeh had wanted to be convicted. Alieu Momarr Njai, the head of the elections commission, said that if it went to court, they would be able to show that the final tally was correct. The APRC submitted its appeal seeking the invalidation of the results. Meanwhile, the four regional leaders sent by ECOWAS met with Jammeh but left without an agreement. The military ceased its occupation of the electoral commission's offices in late December and the government said that its staff was free to return to work. It said that the occupation was intended to prevent an attack on the building. It also called for calm and said that daily life should continue as usual. In his 2017 New Year address, Jammeh furiously criticized the position taken by ECOWAS, saying that "it is totally illegal as it violates the principle of non-interference in the internal affairs of member states" and "is in effect a declaration of war and an insult to our constitution". He vowed that he was "ready to defend this country against any aggression and there will be no compromise for that". Domestic reactions On the same day as Jammeh's rejection of the results, Barrow said that Jammeh did not have the constitutional authority to nullify the vote and call for new elections, arguing that only the Independent Electoral Commission could do that. Barrow said he had moved to a safe house for protection. On 12 December, the Gambia bar association held an emergency meeting. The Gambia Press Union, the University of the Gambia, and the country's medical association and Supreme Islamic Council also supported the view that Jammeh should step aside and allow Barrow to assume the presidency. In response, Jammeh's new Information Minister, Seedy Njie said on 10 January 2017 that the twelve ambassadors had been fired. On 13 January, Barrow said that Jammeh should not seek asylum in Nigeria, which had been suggested by some MPs in the Nigerian Parliament. President Buhari of Nigeria continued trying to negotiate a peaceful end to the impasse. Barrow also stated that he would still be inaugurated on 19 January, despite the dispute. Talks aimed at ending the crisis ended without agreement on 14 January, prompting the African Union (AU) to state that it would no longer recognise Jammeh as president of The Gambia after 19 January. Barrow was instead invited to a regional summit in Mali to further discuss the transition of power. Barrow himself went to Senegal in the days before his inauguration, due to concerns for his safety. International reactions Jammeh's action was condemned by the governments of the US and Senegal. The AU also declared that Jammeh's actions were "null and void". After Senegal called for an emergency United Nations Security Council (UNSC) meeting, It was announced that a delegation of four West African heads of state planned to go to The Gambia on 13 December to try to persuade Jammeh to accept the results of the election and step down. These included the President of Liberia and chair of ECOWAS Ellen Johnson Sirleaf, the President of Nigeria Muhammadu Buhari, the (outgoing) President of Ghana John Mahama, and the President of Sierra Leone Ernest Bai Koroma. The African Union said it also planned to send a negotiating delegation to The Gambia, led by President of Chad and chair of the AU Idriss Déby. Federica Mogherini, the High Representative of the European Union for Foreign Affairs and Security Policy, issued a statement saying that the European Union requested Jammeh to respect the outcome of the election and step down, and that "Any attempt to reverse carries the risk of serious consequences." Samantha Power, the United States Ambassador to the United Nations, said "It is a very dangerous moment." Mohamed Ibn Chambas, the United Nations Special Representative for West Africa and the Sahel said "For Mr. Jammeh, the end is here and under no circumstances can he continue to be president. By that time (18 Jan.), his mandate is up and he will be required to hand over to Mr. Barrow." ECOWAS appointed Muhammadu Buhari as its chief mediator for the dispute, On 19 December, the AU expressed its full support of the position taken by ECOWAS. Idriss Déby, chair of the AU, called ECOWAS's position a "principled stand with regards to the situation in The Gambia". Striking a defiant tone, he rejected any foreign interference and declared that he was prepared to fight. On 23 December, ECOWAS announced that they would send in troops if Jammeh failed to step down. The president of the ECOWAS Commission, Marcel Alain de Souza, said "The deadline is January 19 when the mandate of Jammeh ends." Speaking on 7 January, Johnson Sirleaf emphasized the importance of peaceful resolution, saying that ECOWAS was "committed to a peaceful mediation and a peaceful transfer of power in The Gambia. We will continue to pursue that for now". == Supreme Court consideration ==
Supreme Court consideration
Six additional appointments to the Supreme Court (five—Habeeb A. O. Abiru, Abubakar Datti Yahaya, Abubakar Tijani, Obande Festus and Akomaye Angim—from Nigeria, and one—Nicholas Colin Brown—from Sierra Leone) were reported to have been made in secret, starting in October 2016, with the cooperation of Chief Justice Fagbenle. On 10 January, the date on which the Supreme Court was scheduled to hear the APRC's appeal of the election results, Chief Justice Emmanuel Fagbenle said the foreign judges that had been appointed to hear the case would only be available in May or November, so the hearing of the case needed to be delayed for several months. Fagbenle said "We can only hear this matter when we have a full bench of the Supreme Court", and officially adjourned the session until 16 January. Fagbenle suggested that mediation would be the best way forward to resolve the impasse. Jammeh filed a new request for an injunction to try to prevent Chief Justice Fagbenle from swearing in Barrow as president. However, Fagbenle said he would not consider the new case, saying "Given that the injunction affects me in my capacity as the chief justice, I will recuse myself from hearing it." A lawyer for Jammeh's party conceded that obtaining an injunction to prevent Barrow from being sworn in was not possible at this stage. == Media crackdown and state of emergency ==
Media crackdown and state of emergency
On 1 and 2 January 2017, three private radio stations, Taranga FM, Hilltop Radio, and Afri Radio, were shut down under orders from the National Intelligence Agency. In a New Year message, Chief of Defence Staff Ousman Bargie affirmed that Jammeh had "the unflinching loyalty and support of The Gambia Armed Forces". On 17 January, a day before the end of his presidential mandate, Jammeh announced a 90-day state of emergency. In a televised declaration, Jammeh justified the move by citing "the unprecedented and extraordinary amount of foreign interference" during and preceding the December 2016 vote. Opposition parties accused Jammeh of using the measure to retain the presidency and feared that it could be used to void the election result. The National Assembly approved the state of emergency along with a resolution denouncing foreign interference and an extension of its own term, due to end in April, by three months (to 11 July 2017). It then approved an extension of Jammeh's term for three months. == Inauguration of Adama Barrow and ECOWAS intervention ==
Inauguration of Adama Barrow and ECOWAS intervention
Following the announcement of the state of emergency, Senegalese troops were deployed to the Gambian border on 18 January as the spearhead of the ECOWAS military response. These were supported by aircraft and personnel from the Nigerian Air Force, together with a ship from the Nigerian Navy. The same day, Gambian Army Chief Ousman Badjie reportedly said that his forces would not fight in the event of foreign intervention against Jammeh. Vice President Isatou Njie-Saidy resigned on 18 January. By that point, eight cabinet members had resigned due to the crisis. The opposition vowed to go ahead with the inauguration at Banjul Mini-Stadium, but this was later cancelled, with Barrow's spokesman Halifa Sallah stating that he would be sworn in at an undisclosed location. It was revealed that he would be sworn in at the Gambia's embassy in Dakar. President of Mauritania Mohamed Ould Abdel Aziz met with Jammeh in an unsuccessful attempt to persuade him to leave office. On 19 January, ECOWAS gave Jammeh a deadline that ended at midnight to step down. Troops from Senegal, Nigeria and other neighboring countries gathered at Gambia's border with Senegal, waiting for an ECOWAS order to enter Gambia. Planes of the Nigerian Air Force were seen flying over the Gambia. Botswana became the first country to cease recognition of Jammeh on 19 January. On 19 January 2017, Senegalese forces crossed the border and invaded the Gambia. Adama Barrow was sworn in as President of The Gambia at a ceremony in an embassy of The Gambia in Dakar, Senegal, on 19 January 2017. Senegal later halted its offensive in order to mediate the crisis one final time, with the invasion to proceed at noon on 20 January if Jammeh still refused to relinquish power. That night, Jammeh sacked the remainder of his cabinet, according to reports from the Gambia Radio & Television Service, and announced he would replace it with new members. Jammeh, however, refused to step down even after the noon deadline passed, and while it was subsequently extended to 16:00 GMT, he again refused to resign. Mauritania's President Mohamed Abdul Aziz, President of Guinea Alpha Condé and United Nations' regional chief Mohammed Ibn Chambas tried to persuade him to step down. Gambia's army chief Lieutenant-General Ousman Badjie pledged his allegiance to Barrow and stated that the Gambian Army would not fight ECOWAS. Barrow and a Senegalese official later stated that Jammeh had agreed to step down and would leave the country. Mauritania's President Aziz later announced that a deal had been reached for him to step down and leave the country. During the early hours on 21 January, Jammeh announced on state television that he was stepping down from the post of president, and he left the country later the same day. The National Assembly revoked the state of emergency imposed by Jammeh on 24 January. Following, 4,000 ECOWAS troops remained in the Gambia to maintain order in preparation for Barrow to return and consolidate his presidency. Five days later, Barrow returned to the Gambia while requesting the ECOWAS troops (now numbering about 2,500) to stay for at least six months to help him firmly establish order. == See also ==
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