By Madi Jobarteh – Minister of Justice Aboubacarr Tambadou deserves commendation for owning up to a mistake by the government on a matter that is entirely within his competence and capacity. The constitutional and electoral amendment bills presented to the parliament on February 28 were wrong, and to have the government now acknowledge that error is in the right direction. The Minister also spoke of adhering to the values and standards of good governance and gave reassuring statements that this government will listen and engage citizens in building a new Gambia. Indeed commendable. This is a best practice and we hope such humility and honesty will continue to be the hallmark of the Barrow Administration.
Having said that let me say upfront that this mistake is very expensive, unacceptable and avoidable. The mistake raises the question as to what is the quality and level of engagement within this government to ensure that decisions are based on evidence, consultation and legitimate public interest. Already the Government has caused the National Assembly to approve a bill only to now say that the action was wrong. The Barrow Administration has to realize that these kinds of mistakes cost a government credibility and legitimacy, which the Gambia cannot afford at this time.
This mistake also reflects on the capacity of our National Assembly as to how could they fail to realize that the right constitutional provisions were not invoked. When the bills were presented, there was no objection or abstention in parliament, hence the bill obtained a unanimous vote. This raises the question as to what interests was the National Assembly considering in allowing these bad bills to pass through. The action of the National Assembly clearly shows that they did not protect national interest and therefore have wasted valuable public resources in taking an action that they should have know was a wrong action. This is utterly a case of abuse of power and waste of public resources and it is unacceptable. They need to respond.
Hence when we get to this stage, it is important for us to impress on the Government that they need to do their job well. How could the decision to table these erroneous bills before the National Assembly escape the scrutiny of the Cabinet, and then it had to take one week before it is acknowledged? It is an understatement to say that indeed a government has enough resources and technical capacity to know the right and do the right. How then did they come to take this decision and what was the level of consultation within and outside the government to ensure that the right advice was obtained. A government is not a village association in the 1940s in Baddibu hence a modern government in the 21st century is not expected to make uninformed mistakes.
When the Gambia decided on December 1, we decided for building a new modern democratic state. In such a dispensation, there is more than enough expertise and resources, in and out of the country that are available to the government to utilize. Thus the government must utilize the full arsenal of its resources to ensure that it takes quality, informed and relevant decisions for the country. Our Cabinet has to understand that government decisions and actions are life and death issues. Hence whatever decision the government takes must be thoroughly calculated because these issues directly hinge on national security and the future of the country.
While commending the Minister of Justice as well as raising these concerns, I wish to impress on Minster Tambadou that he has a singular role to play to ensure that the rule of law is respected and upheld at all times. We cannot ever again allow arbitrariness in public policy and legislative processes characteristic of Yaya Jammeh and APRC Tyranny. Thus currently we have unfolding legal issues regarding the proposed names for the NIA and the Gambia Police Force. We also have the unresolved issue of the Vice President. We hope Tambadou will give the right advice to Pres. Barrow to address these issues in accordance with the law.
Similarly we have the case of journalist Kebba Jeffang who was heckled and assaulted by a rowdy crowd at the joint UDP/NRP/GMC press conference on March 5. It is pertinent that the Minister of Justice advises the Cabinet to realize that the heart of democracy is freedom of expression, which includes freedom of the media. Hence when Cabinet ministers and political party leaders engage with the press they must ensure that journalists enjoy unfettered freedom and security.
There is also the ongoing case of Fatou Badgie who is charged with sedition for insulting the president and another lady. The Coalition Manifesto has stated that one of the objectives of their government is to repeal laws that damage human rights and democracy among which they listed sedition, which is a colonial law. Hence if a citizen is now charged with sedition, one would expect that such a government will seek to drop such charges. Hence it is important that Minister Tambadou look into this matter for we must not entertain insult laws in our books in the 21st century. Fatou Badgie must be freed and attempts be made to remove all such provisions such as sedition, false news or giving false information to a public officer from our laws. No Gambian must be arrested or charged on these laws after 22 years of APRC Tyranny.
Let me also emphasize that Gambians are looking up to the creation of Truth and Justice Commission in order to address the blatant human rights abuses and atrocities of the APRC Tyranny. While the country can learn lot of lessons from many countries that had such bodies, however it is important that this is done urgently. As a lawyer himself, the Minister of Justice knows that justice delayed is justice denied. Hence it is important that the necessary legal foundations and processes are sought and considered to ensure a truly transparent, participatory and legitimate commission is created sooner than later.
Finally, the lesson we must learn as citizens is to bear in mind that we need competent individuals to serve as National Assembly Members so that they can play their oversight function effectively. What this APRC dominated parliament has demonstrated under Yaya Jammeh and now under Barrow so far is that they lack the capacity to serve the national interest otherwise these bad bills could not have escaped them. Hence as we look forward to the parliamentary elections, let the Coalition identify competent individuals and let the people vote for competent individuals who would hold the president and his cabinet to account and ensure that the government is efficient, accountable and responsive to the needs of the people. Only a strong parliament can produce a strong democracy and ensure an effective and efficient government. A weak parliament only produces dictatorship.
I wish to commend Minister Tambadou once more for generating public confidence and encouragement when he said the government welcomes citizens to scrutinize them. Rest assured we will be blunt, direct and helpful. We also hope that Chief Servant Barrow and his Cabinet will also listen to, and seriously consider the advice of his Minister of Justice on pertinent national issues devoid of any political considerations.
God Bless The Gambia.
