Sunday, June 8, 2025
Home Blog Page 540

Lawyer Darboe Should Resign!

By Sana Sarr

By now, even the most ardent deniers have accepted that all is not well between President Barrow and his self-proclaimed “Political Father” and mentor, Lawyer Ousainou Darboe. While merciless criticism and insults between supporters of the two leaders on social media may be dismissed as fan hate, we can no longer continue to ignore the downright hostility between the two leaders. These are manifested in both actions and words. This week, President Barrow effectively fired a nominated member of the National Assembly after she recently appeared at a UDP rally. A day later, he appointed a new Minister of Women’s Affairs, snatching the portfolio away from Vice President Darboe.

Seeing all these developments, I hereby call on Lawyer Ousainou Darboe to resign from the Vice Presidency with immediate effect. Lawyer Darboe’s resignation would be in the best interest of The Gambia, but also in the best of Mr. Darboe himself.

How We Got Here.

“Ku yarr sa mbeur, balaa daan kenn fayti la”– Olof Njie

Lawyer Ousainou Darboe is the founder and leader of the majority party in the Gambian Parliament, the UDP. The UDP was founded in 1996 to challenge the authoritarian regime of the Goloh Jammeh, APRC. After several failed attempts to defeat the APRC, and while their leadership, including Darboe, was jailed, the party joined a coalition to contest the 2016 elections. In the absence of the leadership, Adama Barrow of the UDP was selected to head the coalition ticket. The coalition won the elections. The authoritarian, Goloh was exiled, and Darboe and the rest of the UDP leadership were released from prison. Barrow hailed Darboe and called him his “Political Father.” Darboe in turn dubbed Barrow “The Nelson Mandela who saved Gambians from the clutches of the dictator.” With support from Darboe, Barrow broke away from the coalition and the platform he campaigned on, fired some of its members from his cabinet and appointed Darboe as his Vice President and Minister of Women’s Affairs. The honeymoon of this marriage of convenience would be short-lived. By all indication, Darboe expected his mentee to continue being his obedient surrogate, including respecting the unspoken understanding to eventually make way for the rightful occupant (Darboe) to eventually assume the highest office. Unfortunately, the “innocent” Barrow had gotten drunk from the sweet taste of power. He had found a new mentor in the President of neighboring Senegal, Macky Sal, and now considered himself a “Political Animal” who “defeated the dictator all by himself.” Of course he no longer needed Darboe, and, like the stereotypical African leader, had developed his own ambitions of tightening his own grip on power.

Why Darboe Should Resign

 

  1. Disservice to the Nation– Love him or hate him, Barrow is President of The Gambia. For as long as he holds that office, his success as President is something we should all work and pray for. One cannot disagree with his agenda and remain working closely with him. You either get on board or get out! It’s a disservice to the Gambian people for the vice president to remain in office without giving his blood, sweat and tears to help steer the President in the right direction. That office deserves someone who is fully committed to the President’s agenda, not one who will hold back or sabotage it. Lawyer Darboe knows that any success Barrow registers as President will strengthen his chances when (not if) he runs in the next elections. It’s therefore common sense that he won’t be inclined, as Vice President, to see Barrow register any successes. Even if Darboe is honorable enough to not sabotage Barrow, doff rekai geum neh he’s giving Barrow his best advice and assistance. And, doff bunj penturr rekaibelieve that Barrow will take guidance from a Vice President who takes shots at him during political rallies. In the end, we have a pilot and co-pilot steering in different directions…and The Gambia is left in limbo.

 

  1. Service to the Nation– A strong opposition is an essential component of a functional democracy. By resigning from this position of a lame duck Vice President, Lawyer Ousainou Darboe can serve in a role that Gambia desperately needs right now. Backed by the overwhelming majority his party enjoys in parliament, Mr. Darboe can be that strong opposition voice to challenge President Barrow’s transgressions and missteps. This will add to his political capital in readiness for the next elections, keep Barrow on his toes, and it will serve a nation yearning for such leadership.

    When Barrow was forming his government, some of us argued that rather than take cabinet positions, Darboe and the other coalition leaders should have stayed out as advisors. Sadly, only PDOIS had that foresight, while the rest of us were dubbed “haters” for daring to suggest such “nonsense.”

  2. Dignity and Legacy– Even those who disagree with him must give Lawyer Darboe some credit for his decades of service, both as a respected lawyer and as an opposition leader, during the most challenging times of dealing with a brutal dictator. By speaking out against the dictatorship, he risked and paid a lot, for himself and his family, when he was threatened, arrested or jailed. It is therefore tragic that his legacy will now forever include his loyal service to the disappointing regime of Adama Barrow and all its excesses. Recently, Darboe’s supporters have become the harshest critics of President Barrow. The same Darboe supporters are also critics of people who served in Jammeh’s administration. If former Vice President, Isatou Njie-Saidy, is guilty of being an enabler/accomplice/apologist to Jammeh’s transgressions and misrule, then there is no way lawyer Darboe is any less culpable for any and all transgressions committed by Adama Barrow. Darboe can do his supporters, and himself, a favor by resigning from Barrow’s government. It’s painful watching them twist themselves into pretzels trying to criticize Barrow while defending Darboe at the same time.

 

  1. The Pettiness– It’s highly unbecoming, disrespectful to the offices they hold, and a shame, for Gambians to have to listen to this downright pettiness of trading political threats and insults between our President and Vice President…oh, and arranging their seats “miles apart” at public functions when have to appear together…that’s just sad! It reminds me of Primary 3…when you had a quarrel with your friend…and you both say “a taab you”…and when you mistakenly touch them, you blow on your hand and brush the part of your body that touched them!!! Gaaruwaaleh ak taabantehshould be beneath both offices, even if the two grandpas refuse to grow past it.

 

The Gambia is at a crucial stage of rebuilding our democracy. We need strong leaders with Honor, Integrity and Maturity. We’ve all seen that the relationship between our President and his Vice President is no longer tenable. If President Adama Barrow is too cowardly to fire a Vice President he clearly no longer likes, then Vice President Ousainou Darboe should do himself and all of us a favor and excuse himself from serving a President he now clearly despises. Resign, Mr. Darboe, it’s not too late.

‘NO COUNTRY WISHES TO HAVE ILLEGAL MIGRANTS:’ Top EU Official Says Talks Exist for Gambians to be Deported

0

By Lamin Njie

The Gambia government and the European Union are engaged in talks that include a plan to deport thousands of Gambians who are living in EU nations illegally, the EU ambassador to The Gambia has said.

The Gambia government is accused of agreeing to a deal with the European Union, a club comprising 28 European countries including Germany. The deal entails sending Gambian immigrants living in Europe ‘illegally’ back home.

Attila Lajos speaking to journalists in Bakau on Wednesday said that though there is no deal between the Gambia government and the EU, talks were ongoing to deport a particular group of Gambians which is in the range of 1000s.

“It is part of the discussions because I made it clear last year or the year before, if you trace your archives, that those who exhausted their legal possibilities for seeking asylum or legalising their status in member states and if they exhausted all these possibilities those migrants are going to be returned. This is a matter of principle, this is part of the respect for the rule of law. No country wishes to have illegal migrants on its territory,” Lajos said.

A special flight from Germany carrying 20 Gambians on Monday landed at the Banjul International Airport as part of at least 2,000 Gambians who await deportation.

The EU ambassador said the exercise was not an EU exercise but one that came at the instance of the governments of Germany and The Gambia.

“Those who were returned have been identified by [German] services as Gambians and since they exhausted their possibilities to stay longer in the territory of Germany, they were decided to be deported. But that’s not what the EU is discussing in the sense that this particular flight was a German flight, yes. It was not an EU sponsored return operation,” he said.

The Fatu Network contacted the spokesperson of the Gambia government Ebrima Sankareh and the public relations officer at the Gambia Immigration Department Mamanding Dibba for comment but both officials said they could not speak on the issue.

On Due Process and Professional Conduct: Letter to the Bar Association’s President

Learned Counsel,

I must commence by reiterating my congratulatory message to you (earlier) delivered through Facebook on your assumption of the important position of President of The Gambia Bar Association. Indeed your ascension to this office comes at a critical juncture when your association is faced with unprecedented challenges, both endogenous and exogenous.

When your election was announced I was glad because I have known you for more than a decade now and your sense of justice and fair play was always on display. Therefore you can imagine my sense of surprise (and disappointment) when I read a press statement coming from your office unduly challenging the decision of the President to relieve a nominated member of our National Assembly of her position.

To start with, given the circumstances under which you took up the position of President of the Bar Association, I expected you to start off with some urgent housekeeping/housecleaning issues before you jump into the fray on any issue of public interest.

Without a doubt many members of your association were quite unhappy when your predecessor recently made a politically motivated, malicious, statement against a legally registered non-profit body using her office which was totally uncalled for. Such behaviour and other myriad issues didn’t leave the image of your association in good shape. That is why I expected some housekeeping work from you if not an outright attempt to reassure the public about the impartiality of your association.

Instead of taking care of such matters you just jumped into the matter of the legality, or otherwise, of the revocation of the nomination of a National Assembly Member. If you must delve into this matter, I expected that you would approach it from a purely legal angle and recommend adherence to due process in the resolution of this potential national debacle. But, alas, your approach was not based on the methods of your profession but rather you took an emotional approach and took a position that is simply untenable. Your association‘s move to declare  the execute’s decision unconstitutional is a futile exercise that would breed nothing but greater confusion and distraction in this matter.

What would have been fair and professionally proper would be that your office recommends that the due process be followed by the affected party in settling this matter and such an angle would naturally and logically point to the ultimate adjudicating authority in our legal system, the Supreme Court.

Contrary  to your emotional approach to this matter, Bubacarr Drammeh  handled it in a very impartial, logical and balanced manner in an article published by the online paper, Thegambiatimes.com. As expected from the title of his essay, “The President Has the Power to Revoke the Appointment of Nominated Members of The National Assembly”, he made the case that the President has the authority to revoke the said NAM’s nomination but he didn’t act the avuncular role that your association has espoused exuding the power of a final say.

After his carefully argued thesis, he makes this concluding statement “The Supreme Court has not ruled on the question whether a nominated member could be fired by the president. This is because previous nominated members have not challenged their dismissals. If it materializes that Hon. Jaiteh’s appointment to the National Assembly has been revoked, I hope she challenges it in the Supreme Court. That would remove us from theoretical terrains to a settled case law on presidential powers.”

In conclusion, I wish to state that the problem of separation of powers does not only come into play when someone is being relieved of his or her appointment. And this is the point that most people on your side of this debate are missing (perhaps on purpose). As clearly articulated by Mr. Drammeh in his article, this is the problem:

“The original sin of this problem is the constitution providing for the president to appoint members into a co-equal branch of government that should hold oversight authority over the presidency. It is an insult to our democracy that the President, a single person has the power to nominate five people to the National Assembly, while a constituency with tens of thousands of people can elect only one person.“

So rather than deal with the symptoms of an ailment, a professional body like The Gambia Bar Association aught to know and do better by leading us to authentic logical solutions devoid of emotional and other vested-interest-considerations. This case here is a great opportunity for our collective introspection to find pragmatic and lasting solutions to our problems. I hope this debate leads us to that direction and not the often pointless brouhaha that our new-found freedom of speech sometimes leads us to.

Learned counsel, let me end my epistle with best wishes for a successful tenure in your new office; and to pray that Allah guides us all to the right direction, and to “lead us not into temptation but deliver us from evil” amen.

Yours in National Discourse
Momodou Sabally

Gambia: ‘Bar Association Considers The Executive Decision Purportedly Revoking The Nomination Of Hon.Jaiteh As Unconstitutional’

PRESS STATEMENT – THE GAMBIA BAR ASSOCIATION

The Gambia Bar Association is seriously concerned by the recent Executive decision purportedly revoking the nomination of Hon. Kumba Jaiteh as a National Assembly Member. This decision was conveyed by a letter referenced PR/C/66/VOL.4/(66-EOC)and dated the 25thof February, 2019   from the Office of the President and signed by the Secretary General, Head of the Civil Service.

The Gambia Bar Association is of the strong opinion that the Executive decision purportedly revoking the nomination of Hon. Kumba Jaiteh is not in accordance with our Constitution. The power vested on the President by section 88(b) of the 1997 Constitution is limited to the nomination of five (5) National Assembly Members. Furthermore, there is no provision in the Constitution that grants the   President, the power or authority to revoke, dismiss, terminate or end the tenure of a nominated or elected member of the National Assembly.

It is pertinent to note that a nominated member of the National Assembly upon taking the prescribed oath, enjoys all the rights, privileges and protection afforded to all members of the National Assembly. Therefore, the only legal grounds upon which a nominated National Assembly Member can be removed are stipulated in sections 91 (as amended) and 93 of the Constitution. In the circumstances, the Gambia Bar Association considers the Executive decision purportedly revoking the nomination of Hon. Kumba Jaiteh as unconstitutional and ultra vires.

Furthermore, we wish to draw the attention of the Executive to the fact that a National Assembly Member is not under the purview of the  of the  Executive by virtue of section 166 (4) (a) of the Constitution which is reproduced below;

“In this Constitution, an office in the public service does not include-

  • the offices of President, Vice President, Speaker or Deputy Speaker of the National Assembly, Secretary of state or a member of the National Assembly (our emphasis)

In light of the aforementioned, the Executive acting through the Secretary General and Head of the Civil Service, has no jurisdiction over any nominated National Assembly Member once they are sworn into office. To this end, the purported revocation is functus officio.

The Gambia Bar Association strongly advises the Executive to take cognizance of the sacrosanct principle of the separation of powers and respect for the rule of law. The powers exercised by the Executive arm of government, like other arms of government (Judiciary and Legislature) are subject to the limits set by the Constitution.

We therefore urge the Executive and those acting on their behalf to desist from preventing Hon. Kumba Jaiteh from discharging her duties as a member of the National Assembly.

For  the Gambia our homeland.

 

Dated  26thof February 2019

 

Signed

Salieu Taal, President

The Gambia Bar Association

The President Has the Power to Revoke the Appointment of Nominated Members of The National Assembly

By Bubacarr Drammeh

As reported by some news organizations at the end of last week, one of the five nominated Members in the National Assembly, Yakumba Jaiteh, was allegedly removed from her position in legislature by President Barrow. The president had, in April 2017, nominated Hon. Jaiteh to seat in legislative arm of our government. The removal, according to Hon. Jaiteh speaking to the Foroyaa Newspaper, was still not officially confirmed by her as she has not received any communication on the revocation of her appointment by the president. The termination of her service in the legislative body, whether true or otherwise, provoked members of the National Assembly to hold a gathering they called ‘a caucus meeting’ to show their disapproval of the purported presidential action. As the National Assembly is officially not in session, the absence of an official announcement from the State House—and if that were to continue ad infinitum— leaves the public in curiosity until such time when the Assembly reconvenes for the public to see if Hon. Jaiteh will take her seat in the next session. The allegation, without the categorical conformation of the action, engendered public debates both within The Gambia and the diaspora on the constitutionality of the dismissal, especially if it were it to be to true.

Debate on this latest controversy is between two camps aligned behind the two public personalities: President Barrow or Hon Jaiteh. Supporters of President Barrow argued that since Hon Jaiteh was nominated to seat in the National Assembly by the President, therefore, he has the power to dismiss her from that position. Proponents of Hon. Jaiteh agreed with her position that “once you are sworn in, you are a National Assembly member and you cannot be fired. That is the position of the law.” The controversy between the two camps raised the legal question as to whether the president has the power to dismiss a nominated member of the National Assembly. It’s my contention that, indeed, under the constitution the president who has the vested authority to nominate private citizens to the National Assembly also reserves the power to revoke their appointments thus leading to their expulsion from the legislative authority.

The Constitution, according to the Supreme Court of The Gambia in the ruling of United Democratic Party & Ors v. Attorney General & Ors, is the supreme law as “it occupies the first place in the legal system of The Gambia and its jurisprudence. It is the Alpha and Omega of the legal system. It is just not one perimeter fence policing the legal system. It is the barometer with which the entire legal system is mirrored and measured. It is the king of the entire legal system and all statutes of The Gambia and the common laws of The Gambia.” As this statement indicates, it is therefore indisputable that we must rely on the constitution to provide answers to the legal question whether the president has power to revoke the appointments of nominated members of the National Assembly.

The I997 Constitution in Section 88 provides that the National Assembly shall comprise of “(a) fifty-three members elected from the constituencies demarcated by the Boundaries Commission” (this was amended in 2015); and “(b) five members nominated by the president” (this was amended in 2001). Thus, the total number of National Assembly members is fifty-eight. Each elected member represents a constituent. They are expected to advocate for the interest of the people who elected them, and report back to them for regularly scheduled evaluations. If the indigenes of a constituency are not happy with their elected representative, they have one of two options. First, the constituents can allow the representative to serve his or her term. Once the Assembly is dissolved as provided by Section 91(1)(a), they can elect another representative. Second, the voters can recall the member in pursuant of Section 91(1)(f).

Similarly, those who are nominated by the President — as given they are not sent to represent any constituency, civil society groups or stakeholders stipulated by the constitution— are expected to advocate for his interest in governance and report back to him for assessments. If the president is not happy with the performance of the nominated representatives, he could let them serve their entire term of office. If the president is re-elected into office, he could nominate other people under Section 88(b) of The Constitution to seat in the National Assembly.

If, on the other, the President is not happy with the performance of his nominated representatives in the National Assembly, does the President have the power to dismiss them just like the constituents have the power to recall their elected representative? The only legitimate institution whose answer to this question will be considered the position of the law is the Supreme Court of The Gambia. The constitution of The Gambia in Section 127(1)(c) provides that the Supreme Court of The Gambia “shall have an exclusive original jurisdiction on any question as to whether or not any person has validly vacated his or her seat in the National Assembly.” Therefore, any answer provided by any of the camps in this dispute — which may or not align with the ruling of the Supreme Court if that body were to make final determination on this dispute — will be an academic exercise until such a ruling is made.

The Constitution in Section 91 provides for when a member of the National Assembly shall vacate his or her seat. For the purpose of clarity, I hereby quote Section 91(1) ipsissima verba.  Section 91(1) of the Constitution Provides that “A member of the National Assembly shall vacate his or her seat in the National Assembly- on the dissolution of the National Assembly;

(a) on the dissolution of the National Assembly;

(b) subject to subsection (2), if any circumstances arise which, if he or she were not a member, would cause him or her to be disqualified for election as a member or nomination as a member;

(c) if he or she resigns his or her office as member;

(d) [Deleted by Act No. 11 of 2017.]

(e) if, having been elected a member as an independent candidate, he or she joins a political party

(f) if, being a member representing a single seat constituent, he or she is recalled by the electorates of that constituent in accordance with an Act of the National Assembly to give effect to section 92;

(g) if, without the permission in writing of the Speaker or reasonable cause, he or she is absent from ten or more sittings of the National Assembly during any period that the National Assembly is in session and continued to meet;

(h) if he or she is found in contempt of the National Assembly and is expelled on a resolution supported by not less than three quarters of all the members of the National Assembly.”

Section 91 has neither indicated that the President can dismiss nominated members, nor does it indicate that he cannot. What is indisputable here is that once an elected National Assembly member is sworn in office, he or she can lose his or her seat under certain conditions such as for disqualifying emerging information that would have barred a person from holding that office, or for certain conducts while holding the office. Second, the appointing authority—in the case of elected members are the constituents—can exercise power to fire the members through special elections resulting from the constituents exercising their Recall Power.

As for nominated members, they too could vacate their seats in the National Assembly under Section 91 as their elected colleagues. Many people argued that since Section 91 has not specified a condition of vacation for their removal with respect to being dismiss by the President in Section 91, the lack of specified provision on the issue indicates a tenured of service for the legislative terms they are nominated to seat in the Assembly. That would have created an unapparelled imbalance of accountability between elected and unelected members in that body. The elected members would have an appointing authority of removal while the unelected members will not have such appointing authority with the power to evaluate their performance to remove them were their performances are completely unsatisfactory for the work they were appointed to undertake.

Given what some people have said about the non-specific authority in the Constitution with respect to the removal of nominated members within Section 91, we have to look at other sections of the constitution for the appointing authority to exercise evaluative and removal powers for accountability as constituents do over their elected representatives.

Section 231(5) of the constitution provides that “without prejudice to the provisions of Section 167, but subject to the other provisions of this Constitution, the power to make any appointment to a public officer includes the power to dismiss any person so appointed.What then is a public office? A public office as per Section 230 of the constitution “includes an office the emoluments attached to which are paid directly from the consolidated fund.”Section 150(1) of the constitution provides that “there shall be a Consolidated Fund into which shall be paid (a) all revenues or other money raised or received for the purpose of, or on behalf of, the Government, and (b) any other money raised or received in trust for, or on behalf of the Government.” Thus, with the exceptions of offices that the constitution designated other names, any person who is paid “a salary, fee, or profit from employment or office” from the consolidated fund, such office is a public office.

National Assembly members are paid from the Consolidated Funds under Section 95 of the constitution which provides that “the Speaker, the Deputy Speaker and the other members of the National Assembly shall receive such remuneration and benefits, including retirement benefits, as an Act of the National Assembly may prescribe.” In the exercise of the aforementioned constitutional direction, the National Assembly enacted the National Assembly Salaries and Pension Act (NASPA). Section 3 of the NASPA provides that “members of the National Assembly . . . shall be paid salaries and allowances (out of the Consolidated Revenue Fund).

Since National Assembly members are paid directly from the consolidated fund, occupying any position in the National Assembly of The Gambia is holding a public office. This is further buttressed by Section 230(1) which states that “public election means the election for National Assembly.”

Furthermore, many people seemed to confuse public office and public service. The constitution has clearly differentiated these two terms (as indicated above). Yes, a member of the National Assembly is not holding an office in the public serviceunder Section 166 (4). Therefore, the president cannot rely on Section 167 (a) to dismiss nominated members from the legislative body. However, a member of the National Assembly is holding a public office. Since it is a public office, those nominated to the assembly by the president may be fired by him using his appointing authority if no other authority is given the power to remove such people from the public offices they occupy.

The president’s ability to remove nominated members from the National Assembly will be in principle parallel with similar high members in both the legislature and executive branches of government. Cabinet ministers can, for violation of the law, be removed under Section 71(5) in a vote of census by the members of the National Assembly. The president as the appointing authority of the ministers can remove them under Section 71(4) (b). The president can also be removed from office by a vote of impeachment for high crimes by members of the National Assembly under Section 67(1). The appointing authority of the people to remove the president from office is delegated to their representatives in the National Assembly to remove him from office through a vote of No Confidence under Section 67(2).  The judiciary is exempted from the accountability of the hiring authority as an evaluative accountability measure because of the special nature of the institution in dispensing justice. Subjecting judges to such authority under the executive would have a chilling effect on democracy, rule of law and the administration of justice. Its members are generally subjected to impeachment but not the power of the appointing authority. The manner of removal of judges in The Gambia is anomaly because the adulteration of the constitution by the previous regime. The drafters of the constitution may have been conscious of not exempting the nominated members of the National Assembly from the control of the appointing authority as most public offices should be controlled when it becomes absolutely the necessary thing to do. As provisions for removing nominated members in the National Assembly are not enumerated in specific clauses of the constitution, all the reasons we must look for them in the general clauses. That should not be limited to specific clauses.

The original sin of this problem is the constitution providing for the president to appoint members into a co-equal branch of government that should hold oversight authority over the presidency. It is an insult to our democracy that the President, a single person has the power to nominate five people to the National Assembly, while a constituency with tens of thousands of people can elect only one person. What is more shocking is the fact that a nominee of the President must be the speaker—heading a co-equal branch of the executive. This is absurd. The president must not have the power to nominate any person to the National Assembly. That power must exclusively reside in the people. The President’s appointment powers must be limited to members of executive and judges. In appointing high-level positions at the executive and any judge, he or she must seek the consent of the people through their elected representative in the National Assembly. And for judges and heads of institutions such as members of the Independent Electoral Commission, he shall have no power to remove them from office. That authority should remain with the National Assembly for when such public office holders become incapacitated to execute their duties, or the emergence of new disqualifying information or through impeachment for high crimes.

The Supreme Court has not ruled on the question whether a nominated member could be fired by the president. This is because previous nominated members have not challenged their dismissals. If it materializes that Hon. Jaiteh’s appointment to the National Assembly has been revoked, I hope she challenges it in the Supreme Court. That would remove us from theoretical terrains to a settled case law on presidential powers.

YA KUMBA JAITEH: Group Contends Barrow Can’t Fire a NAM

0

The Gambia Bar Association on Tuesday said President Adama Barrow has no power to fire Ya Kumba Jaiteh.

President Barrow on Monday told Ya Kumba Jaiteh that he was sacking her from her position as a member of the national assembly.

The president informed Jaiteh of her dismissal through secretary general and head of the civil service Ebrima Camara.

The Gambia Bar Association chipping into the issue which has entombed the the national assembly said it “is seriously concerned by the recent Executive decision purportedly revoking the nomination of Hon. Kumba Jaiteh as a National Assembly Member.”

A statement signed by GBA president Salieu Taal said: This decision was conveyed by a letter referenced PR/C/66/VOL.4/(66-EOC) and dated the 25th of February, 2019 from the office of the President and signed by the Secretary General.

“The Gambia Bar Association is of the strong opinion that the Executive decision purportedly revoking the nomination of Hon. Kumba Jaiteh is not in accordance with our Constitution. The power vested on the President by section 88(b) of the 1997 Constitution is limited to the nomination of five (5) National Assembly Members. Furthermore, there is no provision in the Constitution that grants the President the power or authority to revoke, dismiss, terminate or end the tenure of a nominated or elected member of the National Assembly.

“It is pertinent to note that a nominated member of the National Assembly upon taking the prescribed oath, enjoys all the rights, privileges and protection afforded to all members of the National Assembly. Therefore, the only legal grounds upon which a nominated National Assembly Member can be removed are stipulated in sections 91 (as amended) and 93 of the Constitution. In the circumstances, the Gambia Bar Association considers the Executive decision purportedly revoking the nomination of Hon. Kumba Jaiteh as unconstitutional and ultra vires.

“Furthermore, we wish to draw the attention of the Executive to the fact that a National Assembly Member is not under the purview of the Public Service by extension the Executive by virtue of section 166 (4) (a) of the Constitution which is reproduced below;

“‘In this Constitution, an office in the public service does not include-
the offices of President, Vice President, Speaker or Deputy Speaker of the National Assembly, Secretary of state or a member of the National Assembly (our emphasis)’
In light of the aforementioned, the Executive through the Secretary General has no jurisdiction over any nominated National Assembly Member once they are sworn into office. To this end, the purported revocation is functus officio.

“The Gambia Bar Association strongly advises the Executive to take cognizance of the sacrosanct principle of the separation of powers and respect for the rule of law. The powers exercised by the Executive arm of government, like other arms of government (judiciary and legislature) are subject to the limits set by the Constitution.

“We therefore urge the Executive and those acting on their behalf to desist from preventing Hon. Kumba Jaiteh from discharging her duties as a member of the National Assembly.”

Barrow Leaves for Mauritania Tomorrow

0

President Adama Barrow will travel to the Islamic Republic of Mauritania on Wednesday, the presidency has said.

President Barrow will leave Banjul for Nouakchott Wednesday morning.

Barrow will be received in Nouakchott by his Mauritanian counterpart, President Mohamed Ould Abdel Aziz, following which a bilateral discussion will take place between the heads of state.

Abdel Aziz formed a key part of last-minute discussions as The Gambia teetered on the brink of war two years ago.

The December 2016 political impasse came after former president Yahya Jammeh refused to step down after losing an election.

It took the efforts of Ecowas leaders including President Abdel Aziz and regional forces to remove him from power.

Barrow Taps Anti-FGM Champion for New Ministry

0

President Adama Barrow on Tuesday named Fatou Kinteh, United Nations Population Fund FGM/GBV coordinator, as minister for women affairs.

“The general public is hereby informed that His Excellency, President Adama Barrow has appointed Mrs. Fatou Sanyang Kinteh as Minister for Women Affairs, Children, and Social Welfare with effect from 1st March, 2019,” the presidency said in a Facebook post on Tuesday.

Ministry for Women Affairs, Children and Social Welfare is a new ministry created by the government. Kinteh will be the the first to head the department.

In a Facebook post, UNFPA The Gambia congratulated Mrs Kinteh on her appointment describing her as someone who has contributed a lot towards the empowerment of women and children in The Gambia.

BIJILO: Police Throw out More than a Dozen Families in Mass Eviction

0

By Jaka Ceesay Jaiteh

At least 20 families were left scrambling for options on Tuesday after police evicted them from their houses.

Armed police officers descended on 22 homes in Bijilo early on Tuesday morning and evicted the families.

The eviction crew was acting on a court decision in favour of a foreign investor, The Fatu Network understands.

But the victims say they were being removed unlawfully.

Among the removed residents is Sulayman Badjie and he tells The Fatu Network the case has been festering for about seven years.

He explains: “We are 22 Gambians. We built these properties with our hard earned money. This matter started in 2006. We were not the party that was sued to court, we were not aware of any court proceedings.

“In 2012, the foreign investor alongside his partner Alieu Barry just came all of a sudden one day with a truck full of police and they started throwing our stuffs out and we were evicted. From then on, we found out what was wrong, they said there was a European called Barn George Degrich who claimed ownership of all these plots.

“When we found out, we knew that he had an agricultural lease which he actually breached because it was about 10 to 15 years and he never did anything agricultural on the plots. When we came here, it was bushy. It was all full of plants and trees and everything.

“There was no development and we did all our searches and it was said there was no encumbrance on the land. So we purchased our land and built on it. Some of these lands are even lease held because what happened is before we purchased the land we did out diligent searches to all relevant departments and physical planning officers were here to check whether it is safe to buy.

“They gave the green-light to buy. Some of us even bought it from real estate agencies and we have all the documents to the land. And all of a sudden this thing happened without our knowledge. We were not given any notice.

“After we were evicted, we held a meeting as concerned land owners and we said, ‘let’s write a petition.’ At that time, the only person you could talk to and yields dividends was the president.

“Normally the court would knock on your door but we were not served. We only came to be aware of the situation when the police came with their vehicle. They evicted us as I told you, then these people automatically occupied the place. They had all the 22 properties at their disposal.

“They even went to the extent of writing property for sale on the fences of the compounds and it was then that we held a meeting as concerned land owners and decided to write a petition to the president. Our complaints were then investigated by the police headquarters and we were all called to the police headquarters including the white man.

“It was then that a panel was set by the former government and this panel consisted of the Judiciary, Ministry of Lands, The Office of the President and the police.

“The case was on going from 2012 to 2014 when the panel gave in their final judgement by granting us legal ownership of our lands and offered a plot of land to the white man (Bern George Degrich).

“The pannel gave a final judgement in 2014 by offering the white man another plot of land in Jamburr and we were all returned the keys and documents to our compounds. We had been living in peace until today (26th February 2019) when police officers came in to our houses asking us to evacuate from our homes…”

Breaking: Pandemonium as Bijilo Families Fight Mass Eviction

0

Police in The Gambia on Tuesday evicted at least 20 families from their houses in Bijilo.

An eviction squad of armed police officers descended on 22 homes in Bijilo on Tuesday morning and evicted the families.

This story is developing…….

YA KUMBA JAITEH: ‘Dishonest’ Barrow Slammed for Spreading ‘Fake News’

0

By Lamin Njie

Nominated National Assembly Member Majanko Samusa has accused the majority leader of the National Assembly Kebba K Barrow of spreading false news.

The majority leader on Monday told journalists in Banjul that 31 national assembly members consented to a declaration that came out of an emergency caucus held in response to the sacking of nominated national assembly member Ya Kumba Jaiteh.

Gambian lawmakers are at odds on Ya Kumba Jaiteh’s firing. She was fired from her position as a nominated national assembly member by President Adama Barrow on Monday.

The bickering took a new turn on Tuesday with a number of NAMs inviting journalists to a press conference.

“What has happened yesterday is very unfortunate. Unfortunate in the sense that people just do things without proper consultation. The majority leader deliberately mislead the public, the dishonesty by giving the fake information to the public,” Samusa, who was hand-picked by President Barrow to be a member of the National Assembly, told journalists who attended Tuesday’s press conference.

Audio Emerges of Man Advocating for Violence against Women

0

By Lamin Njie

An audio has emerged of a man advocating for violence against women.

The audio which is doing the rounds on social media contains a disturbing message of violence against women.

In the audio, a man could be heard saying: “A woman who does a wrong can be beaten. There is a way to beat a woman. If you see a woman who has not covered her head, you should beat her.

“If a woman takes a photo without her head covered and makes it her profile [photo] that one should be beaten. If you see a woman makes a photo of herself as a profile picture with her chest and breast showing that woman should be beaten. That woman’s husband should beat her and break two teeth in her mouth, he should punch her in the face and break her eye. If you break a woman’s eye, her beauty reduces. You should punch her in her head.

“A careless woman should also be beaten. A woman who cannot cook should also be beaten. A woman who cannot wash should be kicked and beaten. Women who walk in the streets naked should be beaten.”

The Fatu Network has not been able to know the identity of the man nor the time the audio was recorded.

Unprecedented Scenes Greet Gambian Deportees’ Arrival

0

By Lamin Njie

Journalists were on Monday denied access to the airport as a new batch of Gambian migrants arrived in the country from Germany.

At least 15 Gambians were on Monday deported from Germany amid unprecedented scenes.

They were repatriated one month after over a dozen Gambians were deported from the same country.

Journalists on Monday attempted to access the airport as the deportees arrived but were denied access by airport security officers.

One airport security officer was caught on camera saying journalists were not allowed to access the airport.

Gambian Talents Promotion reported that Gambia immigration and other government officials said they had no information for journalists.

The online news media also reported that journalists were asked to leave the airport premises by security officers because ‘they should not be there.’

YA KUMBA JAITEH’S SACK: Jallow Slams Barrow’s Pronouncement as False

0

By Lamin Njie

Minority Leader Samba Jallow has said not all 31 members of the national assembly who attended the house’s Monday Caucus agreed to a declaration that has been made public.

Some members of the National Assembly on Monday denouced President Adama Barrow on his firing of a nominated national assembly member Ya Kumba Jaiteh.

And controversy abounded of the declaration after the Majority Leader of the National Assembly Kebba K Barrow told journalists all 31 members who attended the meeting agreed to the resolutions that the caucus churned out.

The minority leader Samba Jallow told The Fatu Network on Monday “everyone did not agree, even the letter that we the two leaders should sign I did not sign mine.”

“Because you have two leaders in parliament, the majority and the minority. After drafting the resolution, he brought in the resolution for me to sign I told him excuse me because for me my position is to look for legal opinion on this matter. It was definitely wrong,” Jallow said.

According to Jallow, members of the national assembly received news of Ms Jaiteh’s termination on Friday.

He said: “We received the information on Friday. The majority called me for us to have an all-party caucus. Today we convened, we had an all-party caucus. Others were saying it is unconstitutional. We met, we have what they already put on social media that is the attendance list, then we met we discussed.

“As a member, we are very concerned, our member is affected. But I think everything there is a way how to do it (sic), especially the National Assembly. So we discuss to a level, others made a proposal to disassociate themselves and others made a proposal to seek legal opinion and that’s where I stand.”

BREAKING: DEPORTATION: Another Batch of Gambians Arrive from Germany

0

By Lamin Njie

A new batch of Gambian migrants has arrived in the country from Germany.

The new batch of 15 people arrived at the Banjul International Airport on Monday, a senior airport official told The Fatu Network. 0

They were conveyed by a chartered flight, the official added.

It comes after Germany last month deported 15 Gambians.

The Gambia and Germany are said to be jointly implementing a controversial deal to return at least 2,500 Gambians who are living in Germany.

The deal entails the deportation of 15 Gambians every month.

The Fatu Network on Monday contacted the public relations officer at the Gambia Immigration Department Mamanding Dibba for comment but he did not pick a call.

YA KUMBA JAITEH: Barrow Should be Impeached – Jobarteh

0

The National Assembly must institute impeachment proceedings against President Adama Barrow, Madi Jobarteh said Monday.

President Barrow on Monday fired Ya Kumba Jaiteh as a member of the national assembly. Controversy has abounded of the move.

Political commentator Madi Jobarteh reacting to the development on Monday said “the letter written by the Secretary General Ebrima O. Camara on behalf of the President Adama Barrow is a direct affront on the authority, dignity and legitimacy of the National Assembly hence a direct affront to the very sovereignty of the Gambian People.”

He said: “In the first place the Secretary General is totally inconsequential to arrogate to himself the job of writing a dismissal letter to a National Assembly Member. This is an act of gross insubordination, misconduct and total irresponsibility. The Secretary General has overstepped his limits and he must be held to account, severely!

“Secondly how can the Secretary General write a letter from the Presidency to a sitting National Assembly without putting it on the official letterhead of the Presidency with the national Coat of Arms? Why didn’t the SG use the official letterhead of the Presidency? It means both the SG and the President know that their action is unconstitutional and criminal hence decided to use a mere piece of paper to insult the very dignity and sovereignty of the Republic of the Gambia. That is an impeachable act! By this act alone the Secretary General has demonstrated his total lack of respect for his office and more seriously for a sitting National Assembly Member.

“Thirdly Mr. Camara has grossly broken all protocols by directly writing to a sitting National Assembly Member on a matter like this without first writing officially to the Speaker of the National Assembly. By this letter the Secretary General has transformed himself into a tool of disrespect and shame while further disrespecting the National Assembly as an institution. I urge Hon. Ya Kumba Jaiteh to throw this piece of blank paper letter into the garbage bin where it rightful belongs!

“Fourthly and most seriously, for the President to have taken this decision and to allow his Secretary General to write on a blank piece of paper demonstrates the President’s total disregard and violation of the Constitution and his utter contempt of the National Assembly which tantamount to impeachment. The President should have known that he has no right, authority or power in anyway imaginable to sack a sitting National Assembly Member.

“The fact that the Constitution gives power to the President to nominate a National Assembly Member does not mean the Constitution guarantees him the power to control that National Assembly Member. The moment a nominated person takes an oath of office as a National Assembly Member he or she is no more under the control of any person or authority in the Gambia other than the National Assembly itself. The removal process of National Assembly Members is well spelt out in the Constitution which do not involve the President in anyway.

“I urge National Assembly Members to therefore not only reject this disrespectful and empty piece of paper totally and completely but also to go further to seek the impeachment of the President for this blatant violation the Constitution. If National Assembly fails to impeach the President and punish the Secretary General for their gross misconduct, then the National Assembly would have been the greatest accomplice in the killing of democracy in the Gambia thus constituting the highest level of betrayal of the people of the Gambia.

“The time has come for the National Assembly to stand their ground to defend the Constitution and the Republic as required by them by the Constitution. The instances of violations of the Constitution by Pres. Adama Barrow and his Government are too numerous to count and it is the National Assembly that must put a stop to this misconduct once and for all by impeaching this President.

“Finally, members of the Cabinet must bear in mind that they bear equal responsibility for the decisions and actions of the President hence they must not stand aside to watch such blatant violation of the Constitution to take place. Ministers with conscience must either tell the President the truth to immediately withdraw this blank paper letter or they resign. Ministers must be seen to defend the Republic of the Gambia against the whims and caprices of one person regardless of his position. I would expect the Minster of Justice Abubacarr Tambadou to be the first to resign!

“We must not allow one man to become a despot over our heads once again as we allowed and created Yaya Jammeh became a dictator!”

‘IT’S FUNNY TO ME’: Ya Kumba Jaiteh Reacts to her Firing

0

By Lamin Njie

Ya Kumba Jaiteh on Monday said she found a letter of termination in her national assembly letter box.

The nominated national assembly member has been fired by President Adama Barrow.

Reacting to the development, Ms Jaiteh told The Fatu Network she has not been afforded any explanation.

“This is even funny to me. I have no idea [of why I’m removed]. The letter is all I got,” she said.

At least 30 members of the National Assembly on Monday met to discuss Ms Jaiteh’s sacking.

“The president has no powers or authority to dismiss any member of the national assembly and that it is unconstitutional nor is it in the spirit of constitution to revoke the nomination of any member of the national assembly,” the lawmakers said in a declaration.

“The national assembly is therefore not recognising or accepting the purported revocation of the nomination of Honourable Ya Kumba Jaiteh and considers it null and void.”

YA KUMBA JAITEH: We Don’t Want Any Self-Perpetuation, KKB Warns Barrow

0

By Lamin Njie

Majority leader Kebba K Barrow has lashed out at President Adama Barrow over the firing of a nominated national assembly member Ya Kumba Jaiteh.

President Barrow on Monday terminated Ms Jaiteh who he hand-picked two years ago to be a member of the national assembly.

Reacting to the president’s move on Monday, Kebba Barrow the national assembly member for Kombo South who is also the majority leader told journalists in Banjul it is their integrity that is at stake.

“This is a national issue, our integrity is at stake. This is The Gambia that we have fought for until 2016 and nobody can come and change that. We don’t want any self-perpetuation in this country,” he said.

The majority leader said the constitution is the “supreme law of our land and it is very clear on the nomination and the dismissal of national assembly members.”

JUST IN: Furious Gambian Lawmakers Savage Barrow, Say he has no Power to Fire Ya Kumba Jaiteh

0

By Lamin Njie

No fewer than 31 members of the National Assembly on Monday slammed President Adama Barrow over his decision to sack a nominated national assembly member Ya Kumba Jaiteh.

President Barrow on Monday ordered that Ms Jaiteh’s nomination as a national assembly member be revoked. The order is contained in a letter signed by secretary general and head of the civil service Ebrima Camara.

But members of the National Assembly have held an emergency causus on Monday on the issue.

“We the undersigned members of the National Assembly hereby resolve as follows: That the members of the national assembly are hereby disassociating themselves from the letter purporting to dismiss nominated member Ya Kumba Jaiteh,” the lawmakers said.

According to them, “the president has no powers or authority to dismiss any member of the national assembly and that it is unconstitutional nor is it in the spirit of constitution to revoke the nomination of any member of the national assembly.”

“The national assembly is therefore not recognising or accepting the purported revocation of the nomination of Honourable Ya Kumba Jaiteh and considers it null and void,” they added.

High Commissioner Diab preaches democracy to Gambians in Malaysia and Indonesia

Her Excellency Ramzia Diab Ghanim, Gambian High Commissioner to ASEAN countries on Saturday called on every Gambian citizen irrespective of political affiliation and creed to uphold democracy as a top priority in the rebuilding of The Gambia after two decades of dictatorship and plundering of the country’s economy.

Her Excellency Diab made these remarks on Saturday 23rdFebruary, 2019 while addressing Gambian students in both Jakarta, Republic of Indonesia and in Kuala Lumpur, Malaysia on the occasion of The Gambia’s 54thIndependence Anniversary celebration on the theme “Strengthening The Gambia as an emerging democracy”.

In her keynote remarks as Chief Guest-of-honor High Commissioner Diab noted that the theme of the occasion is significant and is anchored on the backdrop of our new found democracy and independence. She underscored the strong bilateral ties between The Gambia and Southeast Asian countries in the context of history, shared values and current aspirations of our friendly nations. The Gambian High Commissioner also highlighted the role of trade and investments and the potential in the promotion of the economies of the Gambia, Malaysia and Indonesia.

Speaking further, High Commissioner Diab noted that apart from economic interest, the potential to further tighten the social relations of the countries is of great importance in the subsistence of the cordial inter-ethnic relations which she added is critical for people building sustainable and enduring relationships.

High Commissioner Diab reiterated that it is timely for Gambia to discuss on matters of strengthening the country’s emergence as a democratic nation and called on African countries to consolidate their bilateral ties with Southeast Asian nations like Indonesia and Malaysia.

The 54thIndependence celebration in Jakarta, Indonesia which was presided over by Mr. Sulayman Sillah, Financial Attaché of The Gambian High Commission on behalf of the Gambian High Commissioner was attended by the Gambian students, members of the Gambian business community in Jakarta, Dean of the African Ambassador in Indonesia, HE Abdelkader Aziria, Indonesian authorities from the Ministry of Foreign Affairs, Ministry of Research, Technology and Higher Education, Officials of Public and Private Universities in Indonesia.

The event chaired by Modou Jonga, a Gambian student at Universitas Gadjah Mada was punctuated by a video streaming of The Gambia and a poem entitled “I am not from The Africa but The Gambia in Africa” read by Dr. Kebba Bojang at Universitas Brawijaya.

As part of activities marking the 45thIndependence anniversary celebration, a panel discussion was held on Sunday 24thFebruary by Gambian students in Indonesia on the theme “A reflection on The Gambia’s Independence and contemporary issues in the New Gambia from an intellectual and intergenerational perspective”.

It was moderated by Momodou Sowe and Omar Sambou, both students at Universitas Brawijaya.

Issued by the Communication Unit of the Ministry of Foreign Affairs, International Cooperation and Gambians Abroad

Gambia set to forge concrete economic cooperation with Gambia

Mr Raul Yanvierino, Deputy Director for African Affairs, Ministry of Foreign Affairs, Republic of Indonesia has disclosed that the republic of Indonesia is set to have concrete economic cooperation with The Gambia in the sector of Infrastructure and or other strategic sectors that is scheduled to be announced during the Indonesia- Africa Infrastructure Dialogue which will be held in the Indonesian tourist resort of Bali in August, 2019.

Mr. Yanvierino made these remarks on Saturday 23rd February, 2019 on the occasion of the Gambia’s 54th Independence Anniversary celebration held at N1 Hotel Tanah Abang, Central Jakarta. He expressed his strong conviction that the cooperation and cordial relations between the Gambia will be further strengthened for the best benefits of the two friendly nations and wish for a lasting friendship between the two countries.

Mr. Raul Yanvierino on behalf of the Government and the people of the Republic of Indonesia extended best wishes and congratulations to the Government and people of the Republic of the Gambia on the occasion of the 54th Independence Anniversary. Mr. Raul Yanvierino noted with delight that since the establishment of diplomatic relations between The Gambia and Indonesia in 1982, there have been solid improvements of our bilateral relations. Mr. Yanvierino assured that Indonesia is committed to enhance cooperation in areas relevant to The Gambia’s priorities, such as economy, trade, education, fisheries, agriculture, SMEs and women empowerment.

On his part Mr Purwanto Subroto, head of the Directorate of Higher Education, Indonesian Ministry of Research, Technology and High Education expressed delight for his Ministry to be associated with such remarkable event. Mr. Subroto disclosed that over the past decade a significant number of Gambian students has benefitted from scholarship opportunities. Mr. Subroto further tasked the Gambian students to continue to be good ambassadors of their country and promote the ideals of the republic of Indonesia to the outside world.

On his solidarity statement, His Excellency Abdelkader Aziria, dean of the African Ambassadors in the Republic of Indonesia and the Algerian Ambassador expressed his happiness to be invited to grace such a fundamental event in the history of The Gambia. H.E Aziria while describing the event as historic in Indonesia which is organized by citizens of African countries residing in Indonesia, added that the event is a model and pride for Africa and The Gambia. He assured the gathering of his office’s resolve to collaborate with the Gambian community in such future event.

Delivering the welcoming and the opening remarks earlier Mr Sankung Jabbi, representative of the Gambian business community, Mr. Sulayman Colley, President of Gambian students described the event as historic and key in the context of promoting solidarity and mutual cooperation amongst the Gambian community in the Republic of Indonesia.

Mr. Colley noted that the theme of the event should motivate Gambians to play a crucial role in making sure the rule of law is respected and strengthened to yield a better and a prosperous Gambia as we aspire.

Issued by the Communication Unit of the Ministry of Foreign Affairs, International Cooperation and Gambians Abroad

 

 

 

Reset password

Enter your email address and we will send you a link to change your password.

Get started with your account

to save your favourite homes and more

Sign up with email

Get started with your account

to save your favourite homes and more

By clicking the «SIGN UP» button you agree to the Terms of Use and Privacy Policy
Powered by Estatik