Issue No. 8/ 2004, 26-28 January, 2004

EDITORIAL

National Assembly Should Boycott 2004 Presidential Address If…

Standards and principles of democratic governance have no party colours.
Whoever finds himself or herself at the helm of the executive should respect
the standard to lead without fear or favour, affection or ill-will. That is
what is required of the executive and all those public servants who are
supposed to administer the delivery of public services.

The minority leader and the rest of the members of the National Assembly
should not pay lip service to the principle of separation of powers between
the executive and the National Assembly. This is introduced in the 1997
constitution so that there will be no executive, legislative and judicial
tyranny. The judiciary is empowered to declare laws made by the legislature
that are at variance with the constitution void. The legislators are also
empowered to set up tribunals to investigate any allegation of malpractice
by any judge.

The question of crime and punishment is a matter of the law, the law
enforcement officer and the courts. National Assembly members are not above
the law. When they are accused of violating the law they should be charged
and taken before a court for trial. No one should be punished outside the
law, before being found guilty of a crime.

The majority leader is a National Assembly member for a constituency. He was
charged and detained in connection with YDE transactions with GPA and
Customs. He was released on bail and a trial ensued without interruption.
After the attempted murder of Ousman Sillah, he, with many others were
arrested and detained. FOROYAA is not aware that he is charged. He has been
detained for more than the 72 hours established for lawful detention prior
to appearance before a court. His continued detention is therefore unlawful.
He has missed some National Assembly meetings because of the detention.

Such detention is an affront to the constitution and the National Assembly.

It is not the majority leader, Baba Jobe who matters but the integrity of
the constitution and he National Assembly.

Section 110 of the constitution states: "Any act or omission which obstructs
or impedes the National Assembly in the performance of its functions or
which obstructs or impedes any member or officer of the National Assembly in
the discharge of his or her duties or affronts the dignity of the National
Assembly and, in addition or any liability in respect thereof under the
criminal law, the offender shall be liable to reprimand or admonition by the
National Assembly, and if the offender is a member of the National Assembly,
suspension or expulsion from the National Assembly."

To arrest a National Assembly member and detain him or her for over 72 hours
and deprive him or her from attending meetings constitutes an obstruction.

The executive must not be allowed to hold the National Assembly in low
esteem. National Assembly members can cast a vote of no confidence on the
executive. They can remove secretaries from office. So if they allow a
National Assembly member to be held in detention without charge for more
than 72 hours then they are not worthy of being representatives of the
people.

The time has come for the National Assembly members to stand for principles
and standards, irrespective of party affiliation. There is no dishonour to
stand for justice to be done and seen to be done even if the person is later
found by the courts to have engaged in dishonourable conduct.

Should the status quo remain till the annual address of the National
Assembly, all National Assembly members should boycott the address.

Prior to that they should sign petitions calling for the immediate release
on bail or appearance before a court for the judiciary to decide. If deaf
ears are paid to this the National Assembly should meet in an emergency
session to consider matters of contempt of the National Assembly by the
majority leader’s incarcerators. If the National Assembly members fail to do
this then the public should conclude that they are not worthy of their
functions. This is how matters stand.

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