It is now more than 14 days since it was reported that Pres. Adama Barrow had given D10, 000 to some National Assembly Members yet the National Assembly remains totally quiet about it. This action by the President and some National Assembly Members is the single biggest threat to democracy and good governance in the Gambia since the end of dictatorship on 19 January 2017. This is a gross misconduct that contravenes the Constitution for which the National Assembly must assume its full oversight function to address it. Failure to act means the National Assembly is condoning abuse of office by the Executive and thereby encouraging impunity in the country. Hence it is without doubt that the National Assembly and the Executive have now become the greatest threat to our democracy by their commissions and omissions since January 2017.
The Gambia is a democratic republic guided by the 1997 Constitution which has set out a clear separation of powers and the rule of law that all the three arms of the State, i.e. the Legislature, Executive and Judiciary must uphold. The checks and balances set out in various sections of the Constitution in terms of the functions and authority of the three arms of the State serve to not only protect the independence and professionalism of each arm but also to prevent any arm from interfering with the authority, independence and functions of the other arms. Hence any arm of the State that intrudes in any way into the independence, authority and function of any other arm is a violation of the Constitution and a threat to democracy.
In this regard the confirmed handing over of money to parliamentarians by the President is an action that undermines the independence, authority and function of the National Assembly. One of the key functions of the National Assembly is oversight. It is through this function that the National Assembly serves as a check on the Executive to ensure that the President and all institutions and officers under his direction perform their functions as set out in the law. Therefore, where the President now bribes members of parliament it means the President is effectively causing parliamentarians not to perform their oversight functions as they should.
By failing to perform their oversight functions as they should because of a gift from the President means the Executive will therefore stay unchecked. Given that the Executive is the agency that manages the resources of the State as well as enforce the laws that protect our rights, lives and property, therefore, where that Executive is not checked by the National Assembly it is clear that this can only lead to corruption, abuse of office, violations of human rights and eventually impunity. Hence this action by Pres. Barrow to give gifts to parliamentarians is a direct affront against constitutionality and democracy in the Gambia.
The Gambia Constitution is clear in Section 222 that a public officer must not put himself or herself in any position where his or her personal interest conflict with his duties or responsibilities. It went further to say that no public officer must ask for or accept any gifts in any form except from family or relatives to such an extent and on such occasions as are customary. The President and parliamentarians are public officials who have no family or blood relations. Hence the President and parliamentarians must not ask for or accept gifts from each other.
The only reason why the Constitution prevents public officials from asking for or accepting gifts is because it wants them to perform their functions independently, effectively and professionally. By asking for or accepting gifts public officials will become conflicted and fail to fulfil their duties hence allow abuse of power and violation of human rights. Therefore the action of the President and the parliamentarians who asked for or accepted this D10, 000 have directly and clearly violated the Constitution for which they could be removed from office for gross misconduct.
Under Section 67, the President can be removed from office for misconduct such as abuse of office, wilful violation of the oath of allegiance or the president’s oath of office or wilful violation of any provision of the Constitution. For that matter Pres. Adama Barrow’s actions in handing over money to NAMs is a gross misconduct that has put the Office of the President into disrepute, violated the Constitution hence constitute abuse of office and a wilful violation his oath. It is obvious that Pres. Barrow knows the checks and balances in the Constitution, yet he deliberately decided to flout them.
National Assembly Members who have received this gift have also violated the Constitution which is enough to recall them in line with Section 92 of the Constitution. It is unfortunate that since 1997 the National Assembly has failed to create an act to set out the procedure for recall of members. That notwithstanding, those members who accepted this gift have acted in a manner that is unbecoming of a Member of the National Assembly for which they must be held to account.
The health and strength of our democracy lies squarely in the hands of Members of the National Assembly. It is the National Assembly that has the greatest power and authority to check and control the Executive to ensure that the President acts only within the law. Therefore, the National Assembly must not fail in this function otherwise they would have allowed the Executive to become an irresponsible, abusive and corrupt entity onto itself. No society can afford to have an Executive that blatantly and routinely violates the rule of law. That is impunity.
Since January 2017, Pres. Barrow and his Cabinet have been acting outside of the law on many instances, yet the National Assembly only allows them by failing to hold them to account. This is a disgraceful disservice to Gambians who elected them to represent our best interests and protect our rights and lives. The Barrow Government has over the past months engaged in numerous corrupt practices, spreading false news, wasting public resources as well as abusing fundamental rights and freedoms without any consequences because of the failure of the National Assembly to check them.
I think the time therefore has now come for citizens to take their rightful position and begin to hold both the Legislature and the Executive to account. It is high time citizens engage in mass public demonstrations from Banjul to Basse to demand investigations, answers and accountability for the gross misconduct being perpetrated by both the National Assembly and the Executive. These two bodies have so far proven to Gambians that they are not fit to govern this country according to our Constitution and that is unacceptable.
For the Gambia Our Homeland.
