FOROYAA NEWSPAPER

Issue 7/2004, 22-25 December 2004

Editorial

The President, YDE and the Constitution

The Constitution will Trap The Dishonest

People have been asking Political Representation about the implications for
the statement made by President Jammeh that YDE was his own creation. Some
questioned whether the President could be held liable for any adverse
judgement against YDE in the courts. Others have asked whether the President
can own businesses under the Constitution.

The Constitution of The Republic has made it virtually impossible for a
politician to be dishonest with putting oneself in a trap.

First and foremost, a person cannot be qualified to stand as a candidate for
the Presidency unless he/she makes a full declaration of his/her assets at
the time of nomination. Some political representatives treat this lightly.
This provision is the single most important instrument to trap dishonest
political representatives. It is an indirect form of asset evaluation. In
short, if a President claims that he/she owns something without declaring
it, it is either that he/she does not own it or is automatically guilty of
dishonesty by virtue of under declaration. This can be extended to all
candidates for election at all levels. It goes without saying that if a
political figure decides to look for a partner to cover up one’s gain he/she
may disappear with the wealth without any legal means to claim one’s share.
This is one risk to take in order to hide any wealth acquired dishonestly.
On the other hand, if a political figure goes for a second term in office
one must again dec! lare one’s assets at the time of nomination.

It therefore became very easy for one to evaluate whether it is possible for
the political figure to acquire the assets he had declared in between two
elections for public office. Suffice it to say, if one has assets and
refused to declare them one could take it as an acknowledgement of being
dishonest.

Furthermore, the office of President is subjected to many restrictions that
are aimed at building pillars of integrity for the institution. Section 68
Subsection (4) is categorical in it demands for probity for the Presidency.
It sates that:

"The President shall not

(a) While he/she continues in office as President, hold any other office of
profit or emolument whether public or private, occupy any other position
carrying the right to remuneration of the rendering of services, directly or
indirectly carry on any trade, business or other undertaking provided that
the President may undertake and carry on any agricultural business including
farming, horticulture, livestock rearing and artisanal fishing."

The provision makes the carrying on of farming, livestock and fishing
enterprises exceptions.

However it impose conditionalities on the President should he/she have
agricultural business or had other business undertakings prior to being
President. Section 65 subsection 4 (b) adds that:

The President shall not

(b) "Undertake any activity inconsistent with his/her official position or
expose himself/herself of any situation, which carries with it risk of a
conflict between his/her official concerns and his/her private interests;

(c) Uses his/her position as such or use information entrusted to or
received by him/her in an official position directly or indirectly to enrich
himself/herself or any other person."

Subsection 5 adds that:

"Where the President was engaged in any trade, business or other undertaking
before assuming the office of President, he/she shall, if he/she wishes to
continue such trade, business or undertaking, do so under a trusteeship."

Hence, a President can only continue business while holding the office under
a trusteeship.

The case of the YDE is in court. It is subjudice to comment on its ownership
and liabilities, which is being determined by the court. The President owes
an explanation to the public. Is he a shareholder in YDE? Are the others
serving as his Trustees? Have they signed Powers of Attorney to act on his
behalf? The future would tell.

Notwithstanding, the present teaches that the Office of the President
requires undiluted public service. Only those who aim to be totally
committed to nation service in Body, Mind and Spirit, twenty-four hours of
the day should seek it. Needless to say, since one cannot be so devoted for
a lifetime, one should only commit oneself to such service for a very
limited period of 8 to 10 years so that one can serve with consistency and
undivided devotion. Anybody who wishes to occupy the post indefinitely must
be seen to have monarchical inclinations.



BAR WILL NOT TOLERATE ANY VIOLATION- Sam George

The President of the Bar Association contacted by this paper on the position
of his institution on the legal year celebration, but said they will not
take part. He said they will never tolerate any violation of the
constitution.

Q: I understand the Bar Association intends to boycott the legal year
celebration?

A: We are not boycotting anything. We said we are not going to participate.
That is not boycotting.

Q: Why are you not participating?

A: The consensus in the meeting was that we should not take part in the
legal year.

Q: What were the reasons advanced?

A: Various opinions were expressed at the meeting we had and the consensus
was that we should not participate.

Q: Won’t it be a big blow if your Association chooses to stay away?

A: That’s up to them. We at the Bar Association say we are not going to take
part. If they want to go ahead, let them go ahead. There is nothing stopping
them.

Q: Is the Bar aggrieved?

A: Certainly not. We are not against the judiciary. We are part of the
judiciary.

Q: The Bar Association embarked on a three-day strike after Justice Hassan
Jallow was sacked and now this is the first time your Association is not
participating in the legal year celebration. Is it correct to say that the
Bar is taking a U-turn?

A: The Bar Association is not taking a U-turn. The Bar Association was there
and people thought that it was a toothless dog. Now I am the President of
the Bar Association and my aim is to make the Association recognized by the
whole world. That there is a dog that bites.

Q: You mean this is people’s view of the Bar?

A: That is what people regarded us. I want to show them we do exist and we
are really effective.

Q: The Bar Association has no problem with people. You could either be
referring to the National Assembly or the Executive, because you raised
eyebrows when the Criminal Code was amended?

A: There were lots of issues going on before I became President and people
took no action. One, because they did not have the time; two, whether they
were afraid or not I don’t know. But under my leadership, I will never
tolerate any nonsense. Any violation of the constitution we will fight it in
the court. That’s one of the reasons we asked to have an audience with the
President in order to air out our differences in case there is any
differences between the government and ourselves. We are not opposed to
government at all. We are saying "Come and see us so that we put the cards
on the table."

But one thing I am sure of is that we will not tolerate any violation of the
constitution. That is period. There seems to be an impasse between the
government and us . If the government is willing to sit and listen to us, we
will talk to them and make suggestions because after all the country is
ours. It doesn’t belong to government alone. This is our country and we have
to build it up. You cannot build the country without having the judiciary
strong enough to fight anything that is wrong. We are not going to tolerate
it as long as I am here. Let them eliminate me. Somebody else would take
over and continue the work.

Q: Did you write to the President’s office seeking audience?

A: I did but we never had a reaction.

Q: Did you make any follow-up to find out whether the letter reached the
President or not?

A: We sent a reminder. I personally wrote the second letter. There was no
acknowledgement and no answer.

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