Monday 24th July 2006

By Abba A.S. Gibba

The UDP/NRP alliance leader, Lawyer Ousainou Darboe, on Friday described the recent claim of the alleged mass defection of UDP supporters to the ruling APRC as false and self-deceptive. Lawyer Darboe was speaking in an exclusive interview with this paper. He said: “I know that as a fact that almost all those people are NCP supporters.” He added that the alleged defectors probably supported his party in 1996 but when Mr Sheriff Dibba came out of suspension and formed his party, all reverted.

So if there is any defection, it is the people they have an alliance with [sic] are the people portrayed on the television. Everyone knows that NCP is in alliance with the APRC,” he asserted.

The UDP/NRP alliance leader further underscored their dissatisfaction with the way the national media is being used.

According to him the APRC is treating the national media as though it were the private property of the APRC, adding that consequently it is misusing the facilities rather than helping it to serve the purpose of providing information that is relevant for the Gambian people.

“Instead of providing the right type of entertainment for the people, it is being used as the medium for propaganda by the APRC. It is unfortunate that government that prides itself on being a democratic government could resort to such a thing, while the opposition parties are denied the same facilities,” he said, adding: “We invite them to cover our meetings, they refuse.”

Lawyer Darboe expressed dismay at the fact that the Secretary of State for Information and Technology, Neneh Macdouall-Gaye, could countenance what he referred to as a violation of the constitution, noting that the Gambian constitution provides that all persons are equal before the law and that there should not be any discrimination. He lamented that the opposition have been discriminated against on account of their political persuasion.

Giving his views on the sacking of Mr Ndondi Njie, the former IEC chairman, the lawyer cum politician said that he had never agreed that the president has the power to dismiss anybody from the IEC, including its Chairman, without invoking the appropriate constitutional instrument. He added that it was on account of this conviction that he challenged the sacking of Bishop Tilewa Johnson in court but that the case ended with a very unfortunate judgement. He maintained that that judgement has emboldened the president to act unconstitutionally.

“I believe that the power of the president just to dismiss at will any member of the commission undermines the integrity and independence of the IEC,” he said.

He said that consequently the commission members would be looking upon themselves as mere civil servants who are there at the pleasure of the president since they can be hired and removed at his pleasure. He asserted that the president of The Gambia should uphold the constitution and the only way to uphold the constitution as far as IEC is concerned is to ensure that whenever the president or any person wishes that a member of the IEC be removed, constitutional provisions should be followed.

He added that at any rate no one could say that the recently sacked IEC chairman is unable to perform the functions of his office because of infirmity of body or mind. “He is quite alert. His sanity is not in dispute. Physically he is as strong as any young person, so the only reason that you can remove him would be misconduct,” Darboe argued.

He pointed out that in the event that misconduct is what the Chairman is accused of, a tribunal should be set up to investigate, adding that only that way could the independence of the IEC be guaranteed.

He contended that for the I.E.C. Chairman to consult with the president and address him as the “biggest stakeholder” shows the lack of independence of the IEC. “We shouldn’t call it the Independent Electoral Commission but remove the word ‘independent’.

“I am not saying what the president has done is constitutional but the former chairman has also shown how much he allowed himself to be manipulated,” he posited.

Lawyer Darboe at length advised all Gambians to conduct themselves in a way that would preserve the tranquillity that the Gambia has always enjoyed.