By Omar Bah
The Gambia Bar Association (GBA) yesterday issued a statement to condemn the government’s decision to forcefully remove the Auditor General Modou Ceesay describing it as unconstitutional and ill-advised.
The GBA argued that in the absence of a letter of resignation from Mr Ceesay or his lawful termination, the position of Auditor General could not have been vacant for him to be replaced.
“So, the steps taken thus far in removing him from office therefore are not in accordance with the relevant provisions of the Constitution of The Gambia, 1997 and the National Audit Office Act, 2015. The purported appointment of another person to this office therefore, is ill-advised and the actions of security forces who physically extracted Mr Ceesay from the NAO building, deeply troubling.”
The GBA added that given the enormous responsibility of ensuring transparency, probity and accountability in the management of public finances, coupled with the need to safeguard the absolute independence of the office, in the exercise of his or her functions under this Constitution or any law, the auditor general shall not be subject to the direction and control of any other person.
“Furthermore, while the President of the Republic is vested with the authority to appoint the auditor general, the power to remove him/her is strictly circumscribed by law. Section 158(5) of the Constitution and section 16(4)(5)(6)(7) of the National Audit Office Act, 2015, prescribe the specific grounds and procedures for removal of the auditor general from office. Any action outside the limits of this framework therefore, is inconsistent with the Constitution and the National Audit Office Act and a violation of the Constitution.”
The GBA stressed that the manner of Mr Ceesay’s removal from office and the uncompromising insistence on replacing him, is viewed as a form of interference that the constitution and statute seek to expressly prevent.
“The GBA strongly urges that this matter be resolved with the extreme urgency it deserves, due to its seriousness, as well as the unintended consequences on the overall reputation of the State in combating corruption and promoting good governance.”
