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Letters: The Constitution disqualifies Momodou Sabally

Letters: The Constitution disqualifies Momodou Sabally

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Dear Editor,

I have read with keen interest your front page lead article entitled “UDP STILL SELECTING CANDIDATES” published on your Thursday, 17th February 2022 edition. The report stated: “Over the past two days, there have been a raft of news leaks about UDP selecting and confirming candidates. It was reported that Momodou Sabally has been endorsed to contest the Busumbala seat…”

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A story published in kerrfatou.com by Mustapha K Darboe and updated by Fatou Touray on 21st October 2021, titled “Janneh Commission Indicts Former SGs Momodou Sabally And Njogu Bah” stated as follows: “The Commission of Inquiry looking into the financial transactions of the former President Yahya Jammeh has indicted former secretary generals Momodou Sabally and Dr Njogu Bah in connection to millions of dalasis theft of public resources…”

The Gambia Government white paper which ensued, stated:  “Mr. Momodou Sabally started at the Central Bank as an Economist from 1999 to 2009. He was Director of Budget at the Ministry of Finance from 2010 to 2013. He was appointed as Acting Secretary General in June 2013, and then subsequently confirmed as Secretary General and Minister for Presidential Affairs in the same year. His service was terminated in June 2014.

“The Commission found, inter alia, that during his tenure as Secretary

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General, Mr Momodou Sabally was signatory to various public accounts and was

involved in the withdrawal of large sums of public funds, some of which were not

accounted for, on the instructions of former President Jammeh. The Commission

found that Mr Momodou Sabally and former President Jammeh are jointly and

severally liable for the said amounts of money misappropriated by former President Jammeh.

“The Government notes that Mr Momodou Sabally’s many involvements in the

financial transactions of former President Jammeh, which was not part of his

official duties, especially as Secretary General, demonstrate the enthusiasm with

which he facilitated these transactions. His conduct fell far short of the standard of professional conduct expected of the Head of the Civil Service at the time.

“Consequently, the Government accepts the Commission’s recommendation

that Mr Momodou Sabally should not serve in any public office again or be

appointed as Director for any State Owned Enterprise for at least ten years. Mr

Momodou Sabally is hereby banned from holding public office for the remainder of his life. He is also banned from holding any director positions in any State Owned Enterprises in The Gambia for ten (10) years. Both bans are effective from the date of publication of this White Paper. The monies shall be recovered from the assets of former President Jammeh.”

Now Chapter VII, Section 89 of The Constitution of The Gambia states with regard to the disqualifications for membership of the National Assembly that: “No person is qualified for election as a member of the National Assembly if he or she has been found by the report of a commission or committee of inquiry to be incompetent to hold public office by reason of having acquired assets unlawfully or defrauded the state or misused or abused his or her office, or willfully acted in a manner pre-judicial  to the interests of the state, and the findings have not been set aside on appeal or judicial review.”

So it is clear like daylight that Mr Sabally cannot be a member of the National Assembly. Therefore why is the UDP even entertaining him?

Mr Sabally should be advised to challenge these findings of the Janneh Commission and clear his name first before submitting application to a political party to contest for any National Assembly seat.

Muhammed Sumareh

Kanifing

Re: Nominated Member Majanko Samusa sent out of parliament for ‘abusing rules’

Dear Editor,

Your reporter Tabora Bojang stated that the Speaker of the National Assembly on Wednesday sent nominated member Majanko Samusa out of the chamber for abuse of Assembly rules and use of words considered non-parliamentary.

That is good for Majanko. The man shouts too much. Just look at comments he made against the people of Foni. I am sure if he was representing a constituency in Foni, his voice would have been even louder. We should remove people like him from our public discourse if we want to go forward. Bad elements like him made Jawara and Jammeh to fail, yet they are all over parliament.

Vincent Sambou

Lamin

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