Madi Jobarteh has called on Gambian youths to take to the streets to demand the withdrawal of the sacking Lamin Darboe.
Darboe was suddenly sacked as executive director of National Youth Council on Wednesday. No reason was given.
Madi Jobarteh wrote on Thursday: “Section 13 of the National Youth Council Act gives authority to the President to appoint the Executive Secretary in consultation with ‘the Council and the Public Service Commission’. The entire Act did not speak about the removal of the Executive Secretary.
“However we know that based on Section 231(5) of the Constitution a power given to a person or authority to appoint does also include the power to dismiss. In fact Section 231(4) indicates that the person or authority who apppoints in consultation with another person or authority is not required to consider or act according to the advice of the entity that it must consult.
“This means the President can indeed sack Lamin Darboe without having to consult the Council or the PSC or take on their advice. But the need to consult only relates to appointment alone. The procedure and reasons for dismissal are not stated in the NYC Act. This means there is a huge gap in the Act which is prone to abuse.
“That notwithstanding the dismissal letter of the Executive Secretary cannot come from the Ministry of Youth and Sports. The dismissal letter should come either from the Office of the President or the PSC or the Chair of the National Youth Council. Therefore I take it that the President did not sack Lamin rather it is the Minister who sacked him unilaterally which is illegal.
“For that matter this dismissal letter is unlawful and I urge Lamin Mokendeh Darboe to challenge it in court.
“At the same time I challenge the Chair of the National Youth Council Dembo Kekendo Kambi and his Council members to lead the youths to challenge this dismissal in court and occupy the streets of The Gambia to protest the dismissal until it is reversed.”
