Ousainu Darboe’s petition to the SupremeCourt is a dangerous political gamble, human rights violation, incitement of hatred, selective defamation and abuse of the 1997 Constitution.
Without prejudice, the general public must be made aware and understand the ulterior motives of 5 UDP petitions as contained from the citations in the 1997 constitution of The Gambia, as follows:
Section 5 Enforcement of the constitution, sub section
(1) A person who alleges that-
(a) Any act of national assembly or anything done under the authority of an act of the national assembly; or
(b) Any act of omission of any person or authority, is inconsistent with, or is in contravention of a provision of this constitution, may bring an action in court of competent jurisdiction for a declaration to that effect.
(2) The court may make orders and give directions as it may consider appropriate for giving effect, or enabling effect to be given, to such a declaration and any person to whom any order or direction is addressed shall duly obey and carry out the terms of the order or direction.
(3) The failure to obey or carry out any order made, or direction given under Sub section (2) shall constitute the offence of violating the constitution and –
(a) Shall, in the case of the president or vice president, constitute a ground for his or her removal from office in accordance with Section 67; and
(b) Any other person who is convicted of that offence shall be liable to the penalty prescribed by an act of the national assembly. Note: section 67 means “misconduct by the president”.
On the contrary, may I refer Mr Ousainou Darboe to the following constitutional mandate of the president as prescribed by the 1997 constitution.
Section 79(1)(b) Foreign affairs- The president shall be responsible for the reception of envoys accredited to The Gambia and the appointments of principal representatives of The Gambia abroad. To this effect, Sheikh Tijan Hydara (former justice minister) Fatoumatta Jahumpa Ceesay (former NA speaker) Ousman Jatta -alias Rambo (Patriotic Gambian) Lamin Satou Bojang (former army officer-presidential candidate) were appointed. On the basis of their citizenry rights to serve The Gambia.
Section 80-Constitution of public offices; Subject ot this constitution and any other act of the national assembly, the president may constitute any public office for The Gambia and make appointment to such office and terminate such appointments. To this effect Hon. Dembo Bojang -alias by force (former veteran national assembly member, politician with a diploma, president of NPP) was appointed presidential political adviser. According to The Standard Newspaper, public service commission was mentioned in the petition. Against this background, the readers are referred to: Part II of section 172, sub section
(1) There shall be a public service commission for The Gambia,
(2) the public service commission shall compromise a chairperson and not less than two more nor more than four other members. The members shall be appointed by the president. All the members of the commission shall be full time members.
Part 1-section 166 The public service sub section
(a) The appointment or election of a competent authority for the administration of the particular public service.
(b) The functions and membership of the service, and may provide for an appointing authority other than the public service commission for the service. Any such particular public service shall form part of the public service of The Gambia.
(3) For the avoidance of doubt, it is hereby declared that an office in the public service includes the office of judge of a superior court, and of any other court the emoluments of which are payable out of any public fund of The Gambia, and the office of a principal representative of The Gambia abroad.
Section (4) sub sections (a) and (b) bears no affection to those mentioned in Mr. Darboe’s petition.
Overall, this petition is a wakeup call to remind the attention of independent electoral and boundary commission that:
Section 62 qualification for election as president-sub section 3
(b) Has been found guilty of any criminal offence by any court or tribunal established by law- shall not be qualified for election as president.
Local government are councils
It is in the interest of general public (Gambians) to expose the role of chairpersons/mayor/councillors of area councils opposed to the dramatic events which took place at KMC last year and ongoing at Brikama area council this year.
Local government act 2002; section 15- Functions of chairperson/mayor
Sub section (1) A chairperson shall be the political figure head of the local government area and shall-
(a) preside at council meetings
(b) supervise the general administration of the area; and
� perform such other functions as may be imposed on the chairperson by this or any other enactment that may be necessary for the efficient conduct of the business of a council.
(2) The chairperson shall be answerable to the council in the performance of his or her functions and shall uphold the constitution, the council’s by -laws and the laws of The Gambia.
(3) The chairman shall submit to the council an annual report on the state of affairs of his or her local government area. The councillors of council shall pass by-laws to be approved by minister for local government in conciliation with attorney general.
Section 27 Allowances for members of a council- The secretary of state shall, by regulations, determine allowances and any other benefits which shall be paid by a council to its member.
Section 24 Emolument of chairperson/mayor – The emolument of a chairperson shall be determined by an act of national assembly.
Section 29 Conflict of interest- No member of council shall receive, exact or accept any fee or reward whatsoever for or on account of anything done or to be done by him or her by virtue of this act, or on any account whatsoever relating to this act.
(3) A member who contravenes Sub section (2) commits an offence, and in addition to any proceedings which may be instituted for his or her removal, is liable to a term of imprisonment not exceeding six months or to a fine not exceeding five thousand dalasis.
Section 151 Secretary of state (minister) to give guidance Sub section (3) where the findings of a commission of inquiry under the SOS (minister) shall refer the matter to the president for appropriate action.
Section 152 Taking over local government by the president (1) The president may with the approval of a simple majority of votes of all national assembly members, assume the executive powers of any local government area in any of the following circumstances
(a)(b) Where it has become extremely difficult or impossible for a council to function,
(2) The president may assume the executive powers of a local government area where a state of emergency has been declared in that area or any part thereof or in The Gambia generally.
Sub section 5(1) The independent electoral commission shall cause elections to be held for a new council within the sixty days where the expired term of council is longer than twelve months or (II) the president shall continue to administer the area until the next elections are held where the unexpired term of council is twelve months or less. Finally, I expect a very good report from local government commission of inquiry on the prevailing and circumstances abuse of mandates.
Mr. Jammeh is a master’s degree holder in project management with specialisation in structural engineering and infrastructure. He served as secretary in the building process of local government act 2002, local government finance audit act 2004 with subsidiary finance manual, a transcriber/note taker in the building process of drafted constitution of The Gambia 2020. He is currently an international consultant with professional membership to international federation for housing and planning, accredited as expert guest lecturer on themes for global IFHP conferences, and a retired C.E.O of Brikama Area Council.
