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Momodou
Denmark
11786 Posts |
 Posted - 20 Jul 2006 : 11:32:28
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Editorial
MR PRESIDENT TELL US WHY YOU REMOVE IEC CHAIRMAN
The State House is yet to issue a press release to explain why the Chairman of the Independent Electoral Commission has been removed from office. Everyone understands that the office if Chairperson of the Independent Electoral Commission has more far reaching effect on The Gambian population than the office of Ombudsman Section 164 Subsection 6 States that “An Ombudsman or Deputy Ombudsman may only be removed from Office by the President for inability to discharge the functions of his or her office (whether arising from infirmity of mind or body or from any other cause) or for misconduct and shall not be removed unless the National Assembly has appointed a tribunal to investigate the case and his or her removal has been approved by resolution of the National Assembly supported by the votes of not less than two thirds of all the members of the National Assembly. The Ombudsman or a Deputy Ombudsman shall have the right to be heard and to be legally represented before the tribunal.
If an Ombudsman and a Deputy Ombudsman cannot be removed from office without a tribunal being established and the report of the tribunal being considered by a multipartisan Parliament how much more the members of the Independent Electoral Commission. This gives security of tenure for the Ombudsman and Deputy Ombudsman to perform their duties without fear of the Executive.
It is our conviction that Section 42 Subsection 6 of the Constitution has the objective of giving the same protections to the members of the Independent Electoral Commission who need more protection from a multipartisan Parliament since the protection of their security of tenure is a common interest.
Section 42 (6) states that “The President may remove a member of the Commission from office.
(a) for inability to perform the functions of his or her office whether arising from infirmity of mind or body or from any other cause;
(b) if any circumstance arise which would have disqualified him or her from appointment to the Commission; or
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.”
Allow us to ask: what empowers the President to remove a member of the Commission without appointing a tribunal to review all allegations?
We therefore call on the President to explain why the Chairman has been removed.
Is Mr. Ndondi Njie removed because of the criticisms from the opposition or because of agitation for his removal by some APRC stalwarts?
In either case it is the whole electoral system, which is indicted. This leads us to ask what should be done to rectify the flawed process. The Government of the day and its party, the opposition, civil society, IEC and the International Community should develop a crisis prevention strategy as we move towards the Presidential Elections. This is the time to engage in preventive diplomacy so that the elections in The Gambia will be free and fair and the results accepted by all stakeholders. We owe this to the Gambian people, the African people and the International Community at large. After 12 years at the helm the least that is expected of President Jammeh is the creation of the conducive environment for free and fair elections. Any head of state who fails to do that after 12 years of leadership must be seen to have failed his/her people. Power belongs to the people and the only genuine patriot is one who derives authority from their consent and who utilises entrusted authority to promote the liberty and welfare of the people.
Source: Foroyaa Newspaper Burning Issue
Issue No. 55/2006, 20-23 July, 2006
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11786 Posts |
Posted - 20 Jul 2006 : 11:42:58
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IEC CHAIRMAN REPLACED
The Independent Electoral Commission (IEC) now has a new Chairman, Mr. Mustapha Carayol; formerly Deputy IEC Chairman has replaced Mr. Ndondi Njie as Chairman. No statement has been issued by the Office of the President on this issue nor has any announcement been made by the public media. However, reports have it that the letter written to Mr. Njie was a very short one.
Mr. Njie was appointed Chairman of the IEC to replace Mr. Gabriel Roberts in July 2004 shortly after the Supreme Court decision that four NADD members of the National Assembly had vacated their seats. The position of the IEC was that these members had not vacated their seats.
Prior to the removal of Mr. Gabriel Roberts, Rt- Rev Tilewa Johnson was removed from office.
The removal of Mr. Ndondi Njie comes at a time when the impartiality and independence of the IEC is being controverted by the opposition. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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