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Momodou
Denmark
11735 Posts |
 Posted - 09 Aug 2006 : 23:40:37
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Editorial
It Is Unconstitutional To Subject IEC Commissioners To Police Or NIA Enquiry
The reports FOROYAA that Mr. Ndondi Njie, Mr. Ebrima Sanneh and Mr. Sulayman Mboob are being subjected to interrogation by law enforcement agents are quite alarming. The former IEC Commissioners are accused of misconduct.
The constitution does not want the Executive to interfere with the work of the Commission. It does not want the members of the Commission to be arrested any time while performing their duties. The Constitution wants the Executive to respect the independence and impartiality of the Commission.
This is why it says under section 43(3): "In the exercise of its functions under the constitution or any other law, the Commission shall not be subject to the direction or control of any other person or authority." What should happen when the members of the Commissison are accused of misconduct?
According to section 42(6)(c) before being even removed from office for one's misconduct, "The President shall appoint a tribunal of three judges of a Superior Court to inquire 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."
Nothing is more derogatory to the office of Chairman and Commissioner of the Independent Electoral Commission than to treat them like common criminals while allegations of misconduct are under investigation.
We call on the President to constitute the tribunal if he indeed has information that the ex-members of the Commission are involved in misconduct. We also call on the IEC Chairman to investigate and nullify any electoral practice that emanates from whatever misconduct is alleged and proven.
The Executive must not be a complainant, prosecutor and judge at the same time. It should not punish or threaten to punish. It should allow the law to take its course without fear or favour, affection or ill-will.
Source: Foroyaa Newspaper Burning Issue
Issue No. 63/2006, 9-10 July, 2006
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Janyanfara
Tanzania
1350 Posts |
Posted - 09 Aug 2006 : 23:56:27
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The Executive must not be a complainant, prosecutor and judge at the same time. It should not punish or threaten to punish. It should allow the law to take its course without fear or favour, affection or ill-will.
Brother Momodou,
thanks for that master piece but I think foroyaa knew quite well the order of the day in our dear mother today.There is no regard for any constitution.
THE PRESIDENT IS THE CONSTITUTION ....Period!
peace
Janyanfara |
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