Africa-Press – Gambia. Dear Edtior,
It is shocking to read what the Vice President had to tell NAMs on the question of diplomatic passports. The question posed is a legitimate concern and it is the responsibility of the VP to provide a direct, clear and factual answer. To refuse to answer but refer the National Assembly to somewhere else is a dereliction of duty on one hand and on the other hand contempt of the National Assembly.
Vice President Muhammed Jallow must know that the National Assembly is the foremost governance and accountability institution in the country according to the Constitution. The National Assembly has primary oversight authority over the Executive under Section 77 of the Constitution. Hence there is nothing outside the purview of the National Assembly that they should not know from the Executive. The President, Vice President and Ministers are under constitutional obligation to answer in full and truthfully any questions posed to them by NAMs on the floor of the National Assembly.
Thus, what the Vice President did is to refuse to answer the National Assembly which is a direct contempt of the Assembly. This is what Section 77 said about the responsibility of the Vice President and Ministers to the National Assembly;
(3) The Vice-President shall answer in the National Assembly for matters affecting the President, and the President shall be entitled to send a message to the National Assembly to be read on his or her behalf by the Vice-President.
(4) The Vice-President or a Minister shall, when requested by the National assembly, report to the National assembly on any matter concerning a department or other business of Government committed to his or her charge, and shall be entitled to attend and speak in the National Assembly whenever any bill or other matter concerning such department or business is being debated.
In light of the above, why should the Vice President refuse to answer the question about diplomatic passports but divert attention to the Immigration Department? The Immigration Department is an institution under the jurisdiction of the Executive hence the President, Vice President and Ministers have oversight and responsibility over the Immigration Department and all Executive institutions. For that matter any question relating to any department is a legal and legitimate question that the VP and Ministers must answer.
The issue of the diplomatic passports is not a private matter as erroneously claimed by VP Jallow. Diplomatic passports are public property because they are only issued to individuals in the service of the nation. It is like the vehicles allocated to the Vice President and Ministers are not private but public property. For that matter, details of those vehicles just like details of diplomatic passports cannot be and are not private. That answer by the Vice President is an attempt to mislead the National Assembly which tantamount to contempt.
Contempt of the National Assembly by the Vice President is grounds for his dismissal. A Vice President or Minister who has failed in his functions or violate any provision of the Constitution constitutes grounds for removal. Hence the response given by the Vice President is a violation of Section 77(3) and (4). This is what Section 75 says about the removal of the Vice President or Minister who:
(1) The National Assembly may, by resolution supported by the votes of two-thirds of all the members, pass a vote of censure against a Minister or Vice President on the grounds of-
(a) his or her inability, arising from any cause, to perform the functions of his or her office;
(b) abuse of office or violation of any provision of this Constitution;
(c) His or her misconduct in office.
I urge members of the National Assembly to therefore summon the Vice President back to the house to pose the same question to him to answer directly, in full and truthfully. Failure to do so, I urge NAMs to invoke Section 75 to relieve him from office.
Until we insist on accountability this country shall remain badly governed where corruption, disregard of the law and abuse of office shall characterise the Government. This is currently the state of affairs in the country. The National Assembly must recognise that they bear primary duty to confront and end corruption, disregard of the law and abuse of office by public officials such as the Vice President.
For The Gambia, our homeland
Madi Jobarteh
Kembujeh
Source: The Standard Newspaper | Gambia
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