culled from http://allafrica.com/gambia
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Opposition Parties Sue Govt for Sacking Electoral Boss

Panafrican News Agency

December 24, 2000

By Paschal Eze
Banjul, Gambia

Gambia's three main opposition parties, the United Democratic Party, the
National Reconciliation Party and the Peoples Democratic Organisation for
Independence and Socialism, have jointly sued the Banjul government for sacking
Bishop Johnson as Electoral Commission Chairman.

They described the dismissal as unconstitutional, and are praying a Banjul
Court to reinstate Johnson and Saja Fatty, who were both sacked by President
Yayah Jammeh for undisclosed reasons.

No date has been fixed for the hearing of the case.

Fatma Baldeh, the only female member of the erstwhile Electoral Commission, has
meanwhile, resigned in apparent protest against the dismissals.

Swearing in the new Chairman Gariel Roberts and other members of the
Commission, Jammeh urged them to be neutral at all times.

"I would not call you independent if at all times you give support to the APRC
(the ruling party)," the Gambian leader said.

Political observers however, say the new electoral boss is unlikely to enjoy
the confidence and co-operation of the opposition parties.

Critics even claim his appointment is part of a ploy by the ruling party to
remain in power.

But reacting to opposition criticism of the move, the Department of State for
Justice said Saturday that Jammeh has the constitutional mandate to remove
Johnson.

"It is our considered view that the removal of the IEC chairman by the
President under Section 42 (6)(a) of the 1997 Constitution is lawful and
constitutional," the Department said in a statement.

It dismissed media suggestion calling the act unconstitutional, as a wrong
interpretation of Sections of the Constitution.

The statement quoted the law as saying that "the President may remove a member
of the commission for inability to perform functions of his or her office
because of infirmity of mind or body or from any other cause. He may also
remove a member if a circumstance arises that would have disqualified him or
her from appointment to the commission."

Misconduct is another reason for which the President may terminate the
appointment of a Commission member.

In addition, the statement said, the President might have sensitive information
of national security dimension about a member of the Commission "which he
cannot even share with his cabinet, much less the general public."

Ousainou Darboe, leader of the main opposition United Democratic Party claimed
at a press conference in Banjul that Roberts manipulated the 1996 election
results in favour of the ruling APRC.

He said his party has no confidence in Roberts based on his attitude as head of
the Provisional Independent Electoral Commission in 1996.

The opposition leader also accused Jammeh of creating a situation where he
could fill the electoral Commission with loyalists of his party ahead of the
2001 presidential election.

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