Even without thinking, the antidevelopmental processes in our this little land are just mind-buggling. Just last week, I thought I saw Malafy Jarjue's software fingers manipulating the firing and hiring of commissioners as if to cut an paste snippets of bug-infested code. Added to that, like you, I am still to lurch from the psychological haze administered from a newspaper editiorial (Principles Out, Hypocrisy In) more sobering and radical than the nation's most acidic politicians. And now this! Americans running our ministries!? Not even in Iraq, I am told, has that happened! Sidibeh -----Original Message----- From: Wallymang Sanneh <[log in to unmask]> To: [log in to unmask] Date: Mon, 17 May 2004 10:23:52 -0700 Subject: People with Dual citizeship holding secretary of state positions > Culled from Observer > > On secretaries of state > By > May 17, 2004, 16:28 > > Email this article > Printer friendly page > The Gambia Bar Association was recently placed in the difficult > position of challenging the constitutionality of Justice Gibou Janneh’s > appointment as acting chief justice of The Gambia. As usual, the > government stays mute on the matter, thereby adding another chapter to > its insatiable propensity to disobey the law. > > The incredible reality is that, Justice Janneh’s situation is by no > means unique. There are two serving secretaries of state whose > appointments - if indeed the mounting allegations about their > nationality are accurate - are prohibited by the 1997 Constitution. > > From the Ramzia Diab affair to Justice Janneh controversy, The Gambia > has entered an unheralded season for constitutional exposition over > presidential hiring and firing. In extremely clear terms, section 71(2) > of the Constitution, dictates that "a person shall not be qualified to > be appointed or to hold the office of Secretary of State if . . . he or > she holds the citizenship or nationality of any country other than The > Gambia." Of particular significance is the fact that the President has > absolutely no manoeuvring ground in as far as the constitutional > command on this vital matter is couched in imperative terms. > There is evidence to suggest that Manlafi Jarjue, secretary of state > for Local Government and Lands, and the recently appointed Amadou > Scattred Janneh, secretary of state for Communication, Information and > Technology, are both American citizens. One would have expected the > President to exercise due diligence and have that critical possibility > checked in light of the fact that both secretaries of state spent long > years in the US and are able to travel freely to and from that country. > How such major appointments could be made without even passing a check > on whether the Constitution is negatively engaged, is clearly beyond > comprehension. The President’s handling of appointments, shouting for > some form of prior investigation - and without undertaking any - > trivialises the process of governance in The Gambia. > > I am willing to concede the possibility of inadvertent constitutional > violation in these cases but President Jammeh must now undertake a > thorough investigation of these allegations and issue a formal > statement of all factual findings if he intends to maintain the > appointments. If the findings are that prior to their appointments, the > two secretaries of state had formally renounced US citizenship and > handed back their passports to the US Department of State, or that they > are mere permanent residents of that country, those findings ought to > properly constitute an end to the scandalous matter. If the former, the > President must publish the times of formal renunciation of US > citizenship and what practical steps were taken to give those acts > binding legal effect. > > Should the President require direction in resolving this matter, > available options include: a formal diplomatic request to the US > government for confirmation through its embassy in The Gambia about the > citizenship status of the two secretaries of state; a confidential > background check (with subjects’ permission) utilising the > all-encompassing and unique social security numbers assigned to each > secretary of state during his years in the US; surrendering for > examination the travel document used by each secretary of state on his > last journey to The Gambia immediately preceding appointment; or a > formal declaration by each secretary of state directly addressing the > issue of whether they have dual nationality. > > If these very credible allegations are confirmed, the illegal cabinet > appointments at issue must be immediately revoked pursuant to the > violation of section 71(2) of the Constitution and in line with the > President’s obligation under section 61(2) to "uphold and defend this > Constitution as the supreme law of The Gambia". > > President Jammeh took an oath for the due execution of the Office of > the President. A glaring disregard to the Constitution is clearly not > the best exemplar of the presidential oath of office. Mr Jarjue, and Mr > Scattred Janneh, must have their appointments as secretaries of state > revoked in line with the clear command of the Constitution. > Regardless of whether the appointments were deliberate or inadvertent, > there is not a scintilla of justification for the President to continue > his countenance of two major violations of the supreme law of our land. > He must resist making a profession out of violating the Constitution, > and then to either punish or ignore his critics for highlighting his > persistent abuse of authority. The President must obey the Constitution > and revoke these illegal appointments in so far as they constitute > major violations of the supreme law of The Gambia. > > In the sycophantic and unprincipled atmosphere of Gambian politics, > there are countless other so-called intellectuals anxiously salivating > for an invitation to serve their nation in the cabinet. The President > has ample opportunity to extricate himself from the blatant illegality > integral to these appointments. The constitutional requirements on the > issue cannot be clearer. There is no argument that the constitution > preclude the appointees from simultaneously retaining their global > insurance policy of American citizenship, and serving as Gambian > secretaries of state. The two Gambian-Americans, or American-Gambians – > however they refer to themselves – must be expunged from the ranks of > The Gambia’s secretaries of state without another day’s delay. > > If the President requires further amplification of the grave > consequences attendant to his violation of the Constitution, I urge him > to consult his chief legal adviser, the attorney-general and secretary > of state for Justice, Sheikh Tijan Hydara. Although clearly out of his > depth in his analysis and conclusions on the Ramzia Diab affair, the > law in the instant case is fairly straightforward. > > In any case, I refer the secretary for Justice to sections 4, 5, 6, 61, > and 67, of the Constitution for the consequences of failure by the > President to obey the supreme law of The Gambia and revoke the > appointments of the two Secretaries. > > Lamin J Darbo > Barrister, solicitor > Supreme Court of The Gambia > > > > © Copyright 2003 by Observer Company > > > Yaya should not get away with this. If Yaya fails to act I suggest the > opposition file a lawsuit against the government. > > > > --------------------------------- > Do you Yahoo!? > SBC Yahoo! - Internet access at a great low price. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > To Search in the Gambia-L archives, go to: > http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l > To contact the List Management, please send an e-mail to: > [log in to unmask] > > To unsubscribe/subscribe or view archives of postings, go to the > Gambia-L Web interface > at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~