(JollofNews) – An elected president in a democratic republic is not a cultural or religious leader. A president has a job description laid out in his or her oath of office and the constitution and other laws of the Gambia.
Hence the president’s decisions, actions and relationships are guided by the rule of law. They are not based on his or her whims and caprices or intuition and must not be influenced by cultural or religious ideas just like that. Gambia is a multicultural and multireligious society hence no one culture and religion must be used to influence or dominate public policy.
The ongoing issue of the 57 vehicles said to be obtained from a ‘philanthropist’ and donated to Pres. Barrow is completely unconstitutional and outside of the laws of the Gambia. The president’s advisers must tell him that a government is not run based on one’s individual ideas and feelings, rather the government is run based on rules that are well specified in our constitution and laws. Thus the issue about these vehicles is not about how kind and considerate Barrow feels about public institutions; rather the issue is what does the law say about gifts.
The Gambia Constitution is clear on gifts under Section 222 on the code of conduct of public officers. It says under subsection 11 that public offices must not ask or receive gifts for anything in terms of their official duties. It went further to state that a gift from anyone having a contract or negotiating a contract with the government must not be accepted. Subsection 12 went further to require that when a gift is received it must be surrendered to the office, department or agency of that public officer. In light of these constitutional provisions, Pres. Barrow must declare and surrender these vehicles.
If a permanent secretary had received this gift he or she must surrender it to the Minister. If a director or a junior officer receives a gift he or she must surrender it to the permanent secretary or his or her immediate supervisor. Hence the question is, to whom should the president surrender such a gift? Given that the president is the highest position holder in the Executive he cannot surrender to himself. The president is answerable only to the National Assembly; it therefore means that Pres. Barrow must surrender the vehicles to the parliament. This means he should inform the parliament who gave the vehicles and for what purpose.
The reason why Barrow should surrender the vehicles and identify the donor is to ascertain whether or not the donor has any contract or negotiating a contract with the Gambia Government. If he or she is having or negotiating a contract then this gift is illegal. But we cannot know the facts unless Pres. Barrow declares the gift. Thus the fact that Barrow has failed to do that means he is currently violating the constitution, which is a reason for his impeachment.
This is why the president must seek legal advice at all times for his actions and decisions so as not to be in contravention of the constitution. Barrow has no excuse not to know and abide by the rule of law. He has all the resources to know the law and follow the law. Barrow must not allow people to use culture and religion to transform him into another typical bad leader. These politics of gifts and patronage were what fuelled the decay of the leadership of both presidents Jawara and Jammeh to their detriment. Barrow must not repeat such a bad practice.
I wish to therefore urge Pres. Barrow to declare to the National Assembly, hence to all Gambians the source of these vehicles. The name of the person or company that gave these vehicles must be made public. This is necessary to avoid conflict of interest and corruption of his person and office.
Our parliament and many public institutions need resources such as vehicles, computers and furniture among others. We cannot and must not exploit that argument as a cover up to perpetuate disregard of the rule of law. So let the Office of the President not try to play with our minds by creating the impression that Barrow is so much concerned about the plight of NAMs that he decided to give the vehicles to them. That is not the issue here. The issue is, the rule of law must be followed about these gifts.
I must say that I am disappointed at both the donor and Pres. Barrow in the way they handled this matter. If indeed this donor genuinely wishes to help the Gambia without any strings attached, why cannot he or she present the vehicles to the president or parliament publicly as his or her contribution to national development? After all, helping one’s country should not be a matter of secrecy rather a citizen’s individual contribution to national development must be public and a source of pride. In that way other citizens are also encouraged to emulate such good gestures.
Similarly if Pres. Barrow has no vested interests in this matter, why is he finding it difficult to disclose the source from the onset? As president he should have in fact advised the donor that so long as he or she does not wish to be known publicly then the Gambia Government cannot accept the gifts. This is the kind of leadership one would expect Barrow to provide especially given what was happening during the tenure of his predecessor.
God Bless The Gambia.
Can we nominate Madi Jobarteh for a “National Meritorious Citizens Award” for being a Contributing Citizen to an Accountable, Sustainable, Secure, Transparent and Decentralized Development in the Gambia? Perfection is or should never be the goal, simply because human beings are not perfect. However, we must hold our Political leaders Accountable especially, the President and those who are in the Cabinet and Legislative Branch to a higher level. That is part of the reason why they are in Higher Office of the Gambia Government or any other African government. Entitlement, Selfish, Self-Serving Attitudes, and Grandiosity all Contribute to the Corrupt and Corruptive Practices of our Leaders we Entrust our Collective CommonWealth. Personality Cult Worship and Politics of the old saying, “Nkrumah has killed an elephant my boy, there is enough to go around, let’s Chop” Syndrome. This is alleged to have been said to a young deligent Civil Servant in Nkrumah’s Ghana when the young Civil Servant pointed out Corruption and Corruptive Practices in the Minister’s Office. Unforturnately, the same Mentality Inspired Narratives and Behavior Continues in most African Ministries and the Presidency. African Presidents and Adama Barrow and his Administration included are infected and or are attracted to “Praise Singer “Advisers” who tell the President or the Ministers what the President or Ministers wants to hear, not what they should hear. The lines between Personal and Professional relationships and those between the Personal and Public, for the most part is non-existent in the Gambia and most African Governments. These State of Affair is not just Bad, Destructive and Unprofessional, it is a Contributing Variable to the Pernicious and Persistent Stagnation in Our Development. In Societies where the Personal and the Public are Clearly Defined and Operationalized, Public and Private Property is Respected and Protected. In communal Societies where the above is missing, the opposite is the outcome, which in turn breeds the likes of the Gambian Government under Jawara and Jammeh’s Regimes and now Adama Barrow’s Regime. Adama Barrow and those who took the Gambian People’s Property, the Cars that Adama Barrow and his Advisers Insidiously Appropriated for themselves. Adama Barrow was about 50 years old when he was elected President of the Gambia. Prior to his election as President of the Gambia, how many Cars, Land or Houses were “Gifted to him in the Quantity and Quality he has been Supposedly “Gifted” by those who are now his best found Philanthropists? I dare say, None. None, because the So-called Philanthropists are nothing more than Co-optors, Corruptors and Aiders and Abbeters of Malfeasance for Profit. Profit, because they stand to gain more than they “Gifted”. To the extent that these “Enemies” of the people who Stop at nothing in their Dedicated and well Practiced Corruptive Practices “gift” these things when Adama Barrow is President, the rational and logical conclusion that we must make is that the “Gift” is due to the Office and Position Adama Barrow Occupies and not his Personal Charm or Work Ethic. Extrapolating from the above Facts outlined as to why the “Gift” givers or So-called Philanthropists give, Gambians and the World cannot be Hoodwinked into accepting that the Cars are for Adama Barrow, or can legally be Second “Gifts” for a Select fews Benefit. The cars are for the Gambian People and not for Adama Barrow or his favored NAMS and other “Hang-arounds” in the Gambian Corridors of Power. The Public Works Department, The Ministries of Agriculture, Education, Health, Emergency Services, and Fisheries, are Starving for help. They need Adequate Transportation that is Reliable and Life Saving. Yet, Adama Barrow and his Advisers Insidiously Appropriated what is for the Gambians and “Second “Gifting” a gift for the Gambians to themselves and friends. How can this be seen as anything but Greed, Corrupt and Corruptive Practices at the Highest Level of the Gambia Government. No water, No Electricity, Few if any Fish at the Markets, impassable roads due to Floods, displaced Citizens due to Floods, inadequate and Increasing Scarecity of Basic Medical, Education, and Food stuffs in the Gambia, “No Problem”. The Gambian Citizens are being told. Or they are told it is due to Jammeh why they can’t find Fish to buy at the market. The very few if any fish available is beyond what the income Challenged Gambians can afford. The same applies to the Hospitals and Clinics where Oxigen and other Basic Needs are not being met. In education, parents are now being asked to Pay more and more of what was previously free, even as the parents meager earnings are being eaten up by inflation and government non-action to assist the desperately needy among the people and families. Yet, most of the Choir and Chorus heard from the Gambian Government is that of Blame-game of Past Deeds but nothing in terms of what Plans and more Significantly, demonstrate any signs of being involved in the Alleviation and Mitigation of the Peoples Needs across the Gambia. Instead, what is seen is a continuation of the exploitation of The Gambian Resources by Non-Gambians, while Gambians go without. Hugging and Holding on to Jammeh’s Ghosts and Past Deeds without Tangible signs of Avoidance of the same, is Madness Certified. The need to Blame others is human, but we need to Act Substantially Differently, NOW.
Let me put it in simple English! Mr Barrow you cannot accept gifts from individuals for any reason. If a gift is given in your official capacity, it does not belong to you. It is State property, that should be recorded and the giver made public. Giving and receiving vehicles in this case is a BRIBE. In case Barrow is unaware this is impeachable. The only issue now is intent. I don’t believe he understands what was going on, therefore I don’t believe he was trying to give or receive bribe, his Justice Minister should have stopped this ugly incident. His failure to do so is embarrassing to the administration. It is incompetence. Just like the fiasco with his brother, this is the second time AT is dropping the ball. I will fire him.
Dr Isatou Sarr,
When you don’t know, you ask, you find out. If didn’t know what it entails to accept 57 vehicles from the Senegalese business tycoon who deliberately gave them away with the intent to ask favours later, why couldn’t this ILLITERATE, CORRUPT and INCOMPETENT man in presidential attire, consult his “learned” Minister of Justice/Attorney General or the useless bunch of “presidential advisers” at the Fajara state house?
When a man is akin to corruption, as he is, he validates corrupt practices as costumes.
It was a bad idea, but for many keen observers, it was not surprising at all. Gambia’s problem was not only the regime of Yaya Jammeh, but also the system of mal-governance we have normalised and nurtured since independence, made possible, in no small way, by our very own Constitution and culture/religion. Receiving “gifts” on our behalf and forwarding to institutions or the population, sometimes even dishonestly presented as personal gifts, is a practice that preceded this administration; so they are only following tradition.
We need a political leadership that is not only committed to government based on law (rather than practice), but understands what needs to change and has the political will to deliver the changes. The current coalition cabinet has not shown that they are this type of leadership.
In fact, independent observers of Gambia’s political leadership have pointed out, that except for mass human rights violations of the Jammeh regime, there is no significant difference between all of our political leaders and how they will manage the country, apart from Mr Halifa Sallah (PDOIS). In other words, real changes in system and a departure from the status quo, is only foreseeable under a Sallah and PDOIS Leadership.
The choice, therefore, is ours: do we want real changes or just cosmetic changes? Real, meaningful changes, with a humble, non parasitic leadership, is only possible with PDOIS. I was shocked to read that Gambians were recently described as “human vultures” by a state minister. There are better ways of expressing views about an identified problem, but “human vulture” is certainly not one.
Bourne,
I may sometimes sound ludicrous or just harangue, but with the plain intention to draw the attention of our learned Gambian personalities, the world over, on our mistaken (or may I say our irresponsible) DECISION in putting the wrong man in a very responsible position. I can’t just stand it. Was it Allah’s ordenation for this UNQUALIFIED man to hold such a position? Or was it the bitty non-existent “coalition’s” irresponsibility/irrationality/naivety in selecting an UNQUALIFIED element for such an august office?
I have reiterated on several occasions that learned/more conscientious Gambians have to start gathering momentum to flush this INEPT and INCOMPETENT man and his clique of CORRUPT oficials from that high seat at Fajara. Otherwise, the staus quo will remain.
What do you expect from an UNQUALIFIED doctor, other than killing his patients? Gambians are sick, our country is sick, our resources are sick and yet we have an UNQUALIFIED doctor at the summit of our affairs to treat us. WELL, WE’LL UNDOUBTEDLY REMAIN SICK!
Bourne, I live in a country(Holland) which cannot boast of natural resources except for her VERY QUALIFIED HUMAN RESOURCES. This country has reached its development heights on the strict ethical codes of QUALIFICATION, COMPETENCE and INCORRUPTIBLE behaviours. Can’t we muster the same tendencies in order to see our country on the right track to development?
NEVER expect development with unqualified personnel.