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| T O P I C R E V I E W |
| Momodou |
Posted - 27 Sep 2018 : 15:11:25
Building The New Gambia
By Madi Jobarteh
Public Interest Litigation
Gambian lawyers should, out of patriotic duty and in view of the prevailing poor leadership confronting the nation, form a ‘Network of Public Interest Lawyers’ who are ready to go to court, free of charge to challenge the blatant excesses of the Government. The current spate of unconstitutional decisions and actions perpetrated by public institutions, public officials and security officers among other violations and acts of corruption require that our lawyers come to the side of their people to salvage the country. After 50 years of Independence, Gambians must not ever allow any individual or bunch of individuals, regardless of the titles they acquire to bastardise the resources and institutions of the country and deny citizens the benefits of their taxes and public wealth.
Therefore, the Gambia needs public interest lawyers to make the Government accountable and abide by the rule of law. Until Gambians, supported by public interest lawyers, are ready to go to court in addition to other forms of protests, the protection of human rights will be poor. Public interest litigation will compel public institutions to be accountable and efficient in the delivery of public services. Public interest litigation also contributes hugely in the fight against corruption and abuse of office. Overall, public interest litigation upholds constitutionalism, enhances good governance and strengthens democracy hence legitimizes our political dispensation.
At the end of the day it must be realized that unless there is a strong offensive by the people to check those in power the dream of a democratic Gambia will only be a pipe dream. To enable the people to go on that offensive one of the most critical and effective tools is public interest litigation. Gambian people cannot afford to be always reactive and defensive. Rather we must be offensive first and foremost and public interest lawyers are fundamental in that crusade. This has been the fact in every country that is building and sustaining democracy.
The Gambia is transitioning from autocracy to democracy. It has been observed that countries in such transitions are highly prone to retrogression, economically and politically thanks to poor leadership. It has been observed that new rulers in emerging democracies such as ours are usually more inclined towards their future political objectives and maintaining power and positions in order to accumulate wealth and privilege. These leaders usually relegate national interest to second or third place as they focus first on quickly consolidating their power and securing their future.
We have seen this currently unfolding in Tunisia and Egypt where the new regimes are even more corrupt and exploitative than the dictatorships that the people removed during the Arab Spring. We saw a similar scenario unfolded in Liberia under former president Helen Johnson Sirleaf and in Sierra Leone under former presidents Tejan Kabbah and Ernest Bai Koroma, who led highly corrupt and inefficient governments. We saw the same betrayal happened in Eastern European nations that emerged out of authoritarian communist rule in 1989.
In all of these cases, the new rulers did not only fail to address the needs and aspiration of their people but also became equally, if not more corrupt and oppressive than the regimes they removed. Through political patronage and corrupt leadership these new rulers positioned their cronies and political allies in strategic state institutions in order to actively hijack the country for their own benefit. We cannot afford, much more allow that to happen in our beloved Gambia.
It is for this reason that the best weapon to fight against poor leadership, abuse of office and corruption is public interest litigation. Since January 2017, the Barrow Administration has taken a path that ignores the norms and standards of our constitution, our republic and our democracy. Not only does public service delivery remain hugely poor and erratic, but our public wealth is being immorally and lavishly wasted at the detriment of citizens.
The Government has consistently and deliberately refused to be transparent and accountable as it engaged in excessive and unjustified spending spree. Not only does it hide behind ‘anonymous donors’ in refusing to disclose its sources of resources, but the Government also goes ahead to sign contracts with foreign companies in contravention of public interest. Further, where it cannot bypass the parliament it will choose to share information with the National Assembly only after the fact. Even where it gives information to the public in most cases such information is either misleading, false or inadequate.
In a nutshell the Barrow Administration is becoming a huge liability for which there is urgent need for citizens to step up to demand good governance and effective government. The strongest tool that citizens have in making this Government to be transparent, accountable and efficient is public litigation with the help of our lawyers. If there is any time that our lawyers should therefore come to the aid of their people, it is right now!
For the Gambia Our Homeland
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| 1 L A T E S T R E P L I E S (Newest First) |
| toubab1020 |
Posted - 27 Sep 2018 : 17:18:29
"Lawyers’ who are ready to go to court, free of charge"
In an IDEAL world the quoted words from the posting would work,in the REAL world VERY, VERY, UNLIKELY. IF I am WRONG I would dearly love to meet this person and see him (or her !) at work at Court.
A very well thought out article by the author of his concept of Elysium. |
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