By: Pata PJ
Even before confirmation, swearing in and assuming office, The Gambia’s newest Secretary General is already an accessory in violating the Supreme Law of the Gambia. This might be deliberate or unknowing to him. Secretary General and Head of Civil Service AND Minister of Presidential Affairs? Even a non-legal student who scantily scanned through the 1997 Constitution of the Gambia would know that these two asymmetrically opposite positions must not be in the same box, much more under one person. Their roles would have to conflict.
On the Appointment and Removal from offices in Public Service, Chapter XI Sections 1 and 2 of the Constitution categorically state:
(1) The President, acting in accordance with the advice of the Public Service commission, shall appoint a person holding an office in the public Service on permanent terms to be the Head of the Civil Service. The Head of the Civil Service shall be the competent authority for the Civil Service.
(2) The Head of the civil Service shall not hold any other office of profit or emolument in the service of The Gambia.
Unless the definition of emolument has changed, the position of a Minister is an office of emolument. It is a salaried or income earning position. Therefore, it was not an abuse of discretion that the President appoints the Head of The Civil Service to double as a Minister of Presidential Affairs but a purposeful executive ploy aimed at flouting our laws, except if the newly created Ministry for Presidential Affairs is a voluntary, non-paid position. So many had hypothesized that the said Ministry was created to (un)lawfully grant the ousted Secretary General and Head of Civil Service a blanket mandate to be spewing his well-concocted and unnecessary political utterances that would toe the thin line between his political position as a minister and a Secretary General. And evidently, Mr. Njogou BAH trekked this line by hauling distasteful shots, threats and daring statements at those he perceived as ‘enemies’ of the President. That includes registered political parties and their members, civil society groups, religious leaders and ordinary people in the society who dissented. Basically, he became the fall guy, mouthpiece of the Government.
Now that Mr. Sabally has been appointed to the same offices, would we be blamed for expecting him to be assuming the same responsibilities that his predecessor had? Are we safe to expect our Secretary General to don a political hat, grace political platforms and take part in party politics? Personally, I would not be surprised. There are people who force themselves into the President’s payroll and I, at some point thought Mr. Momodou Sabally is one of those. But I have come to the realization that he must have shared the same political, economic and development visions with the president. He’s subscribed to what the President believes and stands for, for Sabally is a very intelligent guy. Absolutely nothing wrong with that, though a lot of us see those beliefs and visions as not the most progressive for the Gambia. The main issue here is the danger of compromising the integrity of the man and an important office of an SG.
I believe Mr. Sabally, academically, is qualified to be appointed as a Secretary General. I think his experience (though not sure if any is needed) is also sufficient to man the post. However, what I found to be a little too disturbing is the fact that some 'Qualified' Gambians do not hesitate to stain their reputation and dent their integrity by lobbying and politically 'buying' their seats in President Jammeh's bus. It wouldn't look any more coincidental, that just a couple of weeks ago, Sabally had penned a gold-coated griot-like eulogy or laudation to the man who appointed him, on his birthday. See the May 24th Daily Observer edition and read: To my President: Wishes for a Happy birthday and many more Returns. "Economic growth has been commendable throughout the 18 years you have been in office" - he bloated.
If one is willing to take up an appointment that draws moral, political and legal controversies, especially when those controversies are legitimate constitutional issues, what more confidence could we have in that person to execute the functions of his/her office with utmost integrity and fairness? What are the guarantees that our civil service would not be compromisingly political than it already is? When an appointee accepts these positions with hazy clouds hovering over their legalities, what else would they do or not do without any regards to what our Supreme Law says?
I keep reminding myself that someone has to do the job. Although we have an awful Government that we wish we could change this minute, we need some people to work with/for the Government to save whatever is left of our country. I call some of those people enablers. But it is not more about holding those offices in the regime as it is about what you do in those offices. Serving the country with honesty, utmost impartiality and integrity instead of working for an individual is what we expect. But is that possible working with/for Jammeh? Let's hope Mr. Sabally would not do a Njogou Bah and be political to the extent of wishing Jammeh lives for 400 years and threaten Civil Servants and Imams.
If Sabally would listen to my unsolicited counsel, I would advise that he respectfully but rightly decline one of these positions and accept the other. That would not only be the right thing to do for self but for the country and the people. At some point, we must have to have people of genuine conscience who are going to be willing to preserve their dignity and uphold integrity to not do unconstitutional things. Only then and there, could we meaningfully change the system for the better. If the President is not ready to uphold the constitution he swore to live by, we must not be accomplices in flooring the Holy Scripture that legally guides us as a Nation.
******
First published in June 2013
aid device review
ReplyDelete