Outcry Over Sacking Of Independent Electoral Commission Chairman

The Independent (Banjul)

December 15, 2000

Banjul

General public outcry and condemnation have followed the sacking of the Chairman
of The Independent Electoral Commission Bishop Solomon Tilewa Johnson and one of
the Commissioners Sajar Fatty on Tuesday.

When contacted Wednesday Bishop Johnson confirmed that he received a letter from
the Office of the President indicating his removal from office as chairman of
the IEC. He said no reason was advanced for his removal. He would not however
comment any further except to say that he was examining the constitutional
legality of his sacking.

Sajar Fatty when contacted said he was not aware of his own sacking.

Reacting to the removals, the leader of the United Democratic Party, Ousainou
Darbo called it a blatant disregard of the constitutional provisions, which he
said is a clear manifestation of government interference with the independence
of the IEC. "They have no respect for the constitution and it is therefore time
that Gambians took their stand and do everything through legitimate and lawful
means to ensure that such arbitrary misuse of power ceases", he remarked. He
condemned Bishop Johnson's removal as "invalid and unconstitutional".

In his turn, the leader of the National Reconciliation Party Hamat Bah expressed
sadness over it but said he was not surprised by the move in the sense that the
regime cannot tolerate independent thinking. He said such things would tarnish
further the "already battered image of the regime both nationally and
internationally" .He said his party was generally satisfied with the performance
of Bishop Johnson "as he always demonstrated his independent stance".

The NRP leader said he was particularly impressed by Bishop Johnson's initiative
of addressing party differences by setting up an inter-party committee, which
was supposed to be inaugurated the day after he was dismissed.

"It seems President Jammeh has lost complete control of events and he is driving
this country deeper and deeper into an untenable situation," Mr. Bah said.

A senior member of the IEC expressed shock following news of the Bishop's
sacking. "We are all bemused and we have no idea what will happen next," he
said.

Bishop Johnson was appointed chairman of the IEC in 1997 after its
transformation from the Provisional Independent Electoral Commission (PIEC) in
which he was vice chairman. Since he took over the IEC chairmanship, the
Commission has been vigorously asserting its independence. It recently went to
the Supreme Court seeking a declaration to conduct local government elections in
the absence of the long-awaited Local Government Act, in which the court ruled
in their favour on the day the IEC chairman was sacked. He was recently quoted
as saying that the IEC was not going to tolerate any manipulation from any
quarters and that they were going to treat the country's politicians as adults
in the forthcoming elections.

According to the 1997 constitution section 42 (6), the President may remove a
member of the Commission from office; (a) for inability to perform the function
of his or her office whether arising from infirmity of mind or body or 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 fact. A member of
the commission shall be entitled to appear and be legally represented before the
tribunal.

With the sacking of the Bishop and Sajar Fatty, coming shortly after the death
of Mrs Fanny Freeman and the resignation of the other Commissioner Fatma Baldeh,
there is now only one Commissioner left with the IEC, who is Alhaji Mustapha
Carayol. Recently also, the logistics officer Malleh Sallah tendered his
resignation, thus leaving the IEC very much understaffed.

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