Africa-Press – Gambia. Two unfortunate things are unfolding in The Gambia: the weaponization of the law through so-called legal restrictions to erode civil liberties and the violation of the constitution by the government with impunity. Barrow is definitely testing the waters, and he must be stopped!
Allowing Barrow to get away with such blatant violations is something Gambians will live to regret. It is important to remind Gambians that dictatorship is not an event but a process and must be averted once the signs are clear. It took Gambians more than two decades to fight and end the dictatorship. We cannot afford to return to those dark days. However, recent actions of the Barrow government are red flags that the country is slowly but surely moving toward democratic backsliding.
Firstly, it is against democratic norms, standards, and values for citizens to seek the permission of the police in the exercise of their fundamental human and constitutionally guaranteed right of expressing dissatisfaction with their government. To paraphrase Nelson Mandela, denying citizens their human rights is akin to challenging their very humanity.
While the Public Order Act is a colonial law, it is being weaponized by the current administration to violate the rights of citizens through police brutality. Even going by the same Public Order Act, which is a bad law in itself and contravenes the 1997 constitution, sections 5 and 6 only require one to obtain a permit when they are to hold a procession or use a public address (PA) system, respectively. For the police to arrest, detain, and charge protesters, coupled with the state using its oppressive powers through the court to send 23 young people to Mile II Central Prison, is both a violation of the law and an affront to democracy and respect for human rights.
Furthermore, what is more worrying is the action of the government in forcefully removing the Auditor General from office. The removal of the Auditor General by the president is a clear violation of section 16 of the National Audit Office Act and, by extension, section 158(5) of the Constitution. Gambians must not allow Adama Barrow to return their country to autocratic rule.
It is very clear that the president has no powers to remove the Auditor General, except when he (Auditor General) is unable to perform his or her functions due to infirmity of mind or body or any other cause; misbehavior; or incompetence, as stated under section 16, subsection 4 (a), (b), and (c) of the NAO Act, respectively. Section 158(5) of the Constitution states the same.
These conditions for removal must, however, be satisfied, as in the case of infirmity, by a report from a properly constituted medical board, and for misbehavior and incompetence, by a report from a tribunal appointed by the president. With these conditions unmet, any attempt to remove the Auditor General by any other means is a blatant violation of the law and must be condemned and resisted by all Gambians. This is a moment to stand up in defense of our constitution and country.
I therefore urge the National Assembly to immediately put the president in order by asking him to halt the process and appoint someone else. Should he attempt to force his way, a motion for his impeachment, relying on section 167 (1) (a), should be passed to send him a clear message that the law must be respected by all under all circumstances.
For More News And Analysis About Gambia Follow Africa-Press
