Yusef Taylor, commonly known as Flex Dan is an editor and practising journalist based in the Gambia with a keen interest in human rights, the economy and good governance among many others. He continues to break news on the economy, human rights violations and is highly engaged in security sector reforms, constitutional reform and the transition of the Gambia from dictatorship to a democracy, the NewGambia. Yusef has been working with Gainako as a media practitioner from 2015 to date. He has a degree in Civil Engineering with 5 years of Design Consultancy experience.
By Yusef Taylor, @FlexDan_YT
A press release from The Gambia’s biggest opposition, the United Democratic Party (UDP) revealed that they have lodged a lawsuit against the appointment of six Presidential Advisors and four Foreign Affairs Diplomats at the Supreme Courts on 26th July 2023. The lawsuit challenges the constitutionality of a former UDP National President and nine of President Adama Barrow’s appointees which they claim contravenes section 170(1) of The Gambia’s 1997 Constitution.
The lawsuits are signed by UDP Party Leader, Lawyer Ousainu Darboe’s Law firm, Basangsang Chambers, with UDP stalwart Ebrima Dibba and Hon Madi Ceesay as Plaintiffs in the case. Hon Madi K Ceesay is the Parliamentary Representative for Serrekunda West Constituency who retained his seat in 2022 for a second term. President Adama Barrow was a protégé of UDP Party Leader Ousainu Darboe. With President Barrow famously calling Darboe his Political Godfather and Darboe threatening to take anybody to court over President Barrow’s three years Coalition promise.
However, the pair fell out towards the end of 2018 and since then the two parties have been at loggerheads in the Political arena mostly occupying the top two spots in Gambian elections. The two parties are no strangers in court either with their most famous legal dispute coming hot off the heels of the hotly contested 2021 December Presidential elections results. This time the UDP are going for President Barrow’s appointees one of whom was the former UDP National President, Mr Dembo Bojang.
According to the statement issued by UDP: “In their bid to abate the continuous contravention of the constitution and other laws in The Gambia the United Democratic Party and Ebrima Dibba have today filed in the Supreme Court suits against: 1. DEMBO BOJANG, 2. LAMIN CHAM, 3. HENRY GOMEZ, 4. DODOU SANNO commonly called DOUSANNO, 5. SULAYMAN CAMARA and 6. LAMIN K. SAIDY”.
“All purported Advisers to President Adama Barrow challenging the constitutionality of their appointments as such Advisers. Both Ebrima Dibba and United Democratic Party believe that the appointments of these individuals contravene Section 170 of the constitution.” Section 170 of the 1997 Constitution focuses on the “restriction on political activities of public servants” and it reads: “(1) A person holding an office in a public service shall not hold office in any political party.”
The statement for the lawsuit signed by the UDP’s Senior Administrative Secretary for Media and Communications, Mr Tombong Saidy adds that “Honourable Madi K. Ceesay, National Assembly member for Serrekunda West Constituency, Deputy Minority Leader and member of the National Assembly Committee on Foreign Relations and the United Democratic Party have also today filed suits against 1. FATOUMATA JAHUMPA- CEESAY, 2. SHEIKH TIJAN HYDARA, 3. OUSMAN JATTA aka RAMBO JATTA and 4. LAMIN BOJANG aka LAMIN SATOU BOJANG”.
“Challenging the constitutionality of their appointments in the Foreign and Diplomatic Services of The Gambia. The United Democratic Party is a Party that believes in the rule of law and will continue to defend and uphold the constitution of The Gambia”.
UDP Calls for President Barrow’s Appointments to Be Rescinded
Gainako had a look at the court documents signed by A N M Ousainu Darboe of Basangsang Chambers and dated 24th July 2023. According to the “statement of case”, Fatoumatta Jahumpa Ceesay is “the General Secretary of the APRC and still continues to” occupy that role. The lawsuit calls “for a declaration that the appointment” of the aforementioned persons contravenes “Section 166 and 170 of the Constitution of the Republic of the Gambia 1997 and G.O 3104 of the General Orders of the Republic of the Gambia is unconstitutional and therefore null and void ab initio”. These were the main details of the lawsuit pertaining to Foreign Affairs Diplomats.
Section 166 of the 1997 Constitution establishes the Public Service and distinguishes offices which are not part of the Public Service. Section 166(4)(a) states: “In this Constitution, an office in the public service does not include- (a) the offices of President, Vice President, Speaker or Deputy Speaker of the National Assembly, Secretary of state or a member of the National Assembly”
166(4)(b) further adds that “the offices of a member of any commission (other than a commission the members of which are hereby or by an Act of the National Assembly declared to hold an office in the Public Service), or a member of the Advisory Committee on the exercise of the prerogative of mercy or the Advisory Committee on the conferment of honours” are also exempted from the Public Service.
This aims to confirm that all other staff working for Foreign Affairs and the President’s Office are Public Servants and thereby bound by section 170 of the 1997 Constitution. Our reporter also saw the lawsuit filed against Dembo Bojang which notes that “at the time of his appointment [as Religious Adviser he] was the National President of the United Democratic Party a position he held until 12th December 2019”.
The lawsuit highlights that Mr Dembo Bojang cross carpeted to President Adama Barrow’s National Peoples Party as their National President in or about December 2022 “in violation of Section 170(1) of the Constitution of The Gambia” which is highlighted above.
Post Views: 440