Open letter in response to removal of auditor general

Your Excellency,
I write to you as would be the case among all the Gambians, who prioritise patriotism and good will for all citizens. Moreover, as I write this letter, a sense of accountability, the rule of law, and transparency inform my conscience. From this perspective of rationality and decision-making, I place my concern to you regarding the recent ouster from office of the current National Auditor General. It beats logic that his removal from office was not informed by the basic legal basis of justification of such an action, including but not limited to malpractice or misconduct. Therefore, Your Excellency, as an ardent believer in your leadership and national decision-making aplomb, I find it unfair and unconstitutional to intend to leave the office of the auditor general in an institutional crisis in this manner.
As you would confirm, the roles and office of the auditor general are entrenched in the Gambian 1997 constitution. Particularly so, section 159 of this constitution offers the core reasoning behind the creation of this office. Indeed, the section states that “There shall be a National Audit Office in the public service of which the Auditor General shall be the head, and the other members of which shall assist the auditor general in the performance of the functions conferred on him or her by this Constitution or any Act of the National Assembly.” This section means that while the president may appoint an auditor general, this office remains independent after such an appointment. At the same time, the auditor general is the overarching leader of this office and performs his roles, not as advised by the president of the day, but according to the stipulations of any act of the National Assembly or the constitution. Therefore, a government with an independent and effective office of the auditor general is a real definition of the respect for the rule of law.
Undoubtedly, the office of the auditor general is the defining factor of good governance for any country, and Gambia is not an exception. Pursuant to section 160 of the Gambian 1997 constitution, the auditor general in Gambia has a special role in helping the National Assembly to execute the legislative responsibility among the government agencies, public enterprises, departments, and ministries. Therefore, the presence of an auditor general is a harbinger of good governance because they play a core role in public funds distribution or disbursement and financial resource management of the resources from the public purse or consolidated funds. In other words, the auditor general ensures that these resources are spent and accounted for legally according to the cause, purpose, and manner defined in the Financial Regulations Act (2016) and the Public Finance Act (2014). By and large, the auditor general heads a national institution that enacts the necessary protocols, measures, and safeguards of the public funds that are in place for financial transparency and accountability.
Given the importance of this office, your excellency, any action against or for it should be based on a collaborative dialogue and not the presidential veto power. Again, such an action should not be in a reaction to the seemingly negative response when a public servant rescinds job offers. Therefore, your decision to remove Mr Ceesay from office undermines the constitutional sanctity of the office of the auditor general in Gambia. At the same time, the fact that the legal procedure was not followed when ousting him from office means that your decision is subject to a legal challenge in the courts of law. As a result, I call upon your sound leadership in this case to ensure that matters do not escalate to the court. When you collaborate with Mr Ceesay and his entourage in this case, you can convince him to take upon the new role or resume office without the necessity of a legal hearing. This action will save the regional and international image of Gambia, lest it be portrayed as a country whose president dismisses constitutional appointments at will. Again, collaborating with the current auditor general will portray Gambia as a responsible country in fighting against public corruption.
Therefore, I appeal to you to rethink your decision to dismiss the current attorney general from his office. This decision not only violates the constitution of Gambia but also puts your office under the risk of disrepute regionally and internationally. However, you can avert this risk by employing a collaborative leadership between your office and that of the auditor general. Indeed, collaborative leadership is the form of management that focuses on three core values: inclusivity, unanimous decision-making, and teamwork. With a unanimous decision with the current auditor general, you will clear your national and international image while assuring the citizens about your commitment to the constitution as entrenched in your oath of office. Through collaboration with all the constitutional offices (the office of the auditor general, for example), you will steer the government to greater heights. Undoubtedly, Pele once noted, “No individual can win a game by himself.”
With the highest honor and respect.
Dr Assan Jallow
USA