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                                          Folder: Inbox


From:
        "foroyaa" <[log in to unmask]> Save Address - Block Sender
To:
        "Pasamba Jow" <[log in to unmask]> Save Address
Subject:
        Re: Foroyaa Publication
Date:
        Fri, 15 Dec 2000 21:28:15 -0000







Letter to the President
on the Removal of
the IEC Chairman

When the sovereignty of the people is threatened the nation itself is
subjected under threat.
Information from the headquarters of the IEC reveals that the IEC chairman
has been removed from office.
This is unacceptable. The IEC is an Independent Electoral Commission.
Section 43 subsection (3) of the constitution asserts categorically that;
"In the exercise of its functions under this constitution or any other law,
the Commission shall not be subject to the direction or control of any
person or authority".
Mr. President, this country belongs to the Gambian people. This is why
section one asserts that;
"The sovereignty of the Gambia resides in the people of the Gambia from whom
all organs of government derive their authority and in whose name and for
whose welfare and prosperity the powers of government are to be exercised in
accordance with this constitution".
No representative authority should exist in the Gambia, which has not
derived its power from the people. This is precisely the reason why we have
electoral systems through which the Gambian people assert the right to be
candidates or be represented. Section 26 makes it a fundamental right for
Gambians to participate in public elections. It the Independent Electoral
Commission that is established to ensure those public elections is conducted
freely and fairly.
The Independent Electoral Commission is supposed to be independent. Once
they are appointed they to serve for a period of seven years. This provides
security of tenure to the members of the commission.
In order to ensure that there is continuity after seven years three of the
first members have to be appointed for lesser period than seven years but
such people have to be chosen by lot. In this way when the term of office of
three members expire two members will always be there to guide the new
appointees. Appointment by for less than seven years is not determined by
the executive but by lot.
The executive therefore has no authority to terminate the appointment of the
chairman of the commission unless a tribunal of three judges of a superior
court are appointed to make an enquiry into any allegations against the
members. This is clearly stipulated in section 42 subsection (6),  It reads;
"The President may remove a member of the commission from office.
''(a) for in ability to perform the functions of his or her office whether
arising from infirmity of mind or body from any other cause;
''(b) if any circumstance arises which would have disqualified him or her
from appointment to the commission; or
''(c) for misconduct, but before removing a member, the President shall
appoint a tribunal of three judges of a superior court to enquire into the
matter and report on the facts. A member of the commission shall be entitled
to appear and be legally represented before the tribunal".
A member of the commission cannot be removed from office without a tribunal
being established to conduct an enquiry.
Needless to say, two of the original 5 members of the commission are no
longer with the commission. Hence out of the original three only one could
serve for a term lesser than seven years as determined by section 42
subsection 4 of the constitution.
We therefor hope that the executive will not create a constitutional crisis
by removing the chairman unconstitutionally.
It goes without saying that the office of the chairman, the Independent
Electoral Commission, the deputy Inspector General of police, the Auditor
General, the commission of enquiry, the non governmental media operating in
a somewhat independent manner  gives the country credit. Once the government
tries to undermine the integrity of institutions established to exercise
direction or control over the democratic process  fetters the operation of
individuals regarded to be efficient and credible it must undermine its own
existence.
It is therefore necessary to understand that each sector of Gambian society
has its functions. What we need are credible people everywhere to ensure
development in the country.
No Gambian who loves this country should display hunger for power. Such
hunger for power leads to arbitrary rule and tyranny. This leads to the
decay of the political fabric of our nation and plunges us into uncertainty
and turmoil.
The government has a duty to play its part in observing the law sof the
country in making every decision.
We therefore hope that the crisis will be put to an end by revoking the
unconstitutional decision to remove the chairman and one member of the
commission, Bishop Tilewa Johnson and Imam Saja Fatty.
For the Central Committee
_________________________________________________________________
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