Constitution Series 2
Creating an Over Powerful President at the Expense of Good Governance
The gazetted Barrow Papers which are said to be derived from the 2020 Draft Constitution has severely undermined transparency and accountability by excluding the National Assembly from appointments of all key public office holders. The International Parliamentary Union of which the Gambia is a member has stated that, “there can be no democratic system of government without transparency and accountability, and that the primary responsibility in this field falls squarely on the shoulders of parliament.”
A review of the gazetted Barrow Papers clearly shows that the Executive has removed all obligations for transparency and accountability by excluding the National Assembly on appointments so that the President can conduct public office as he likes. In other words, the Barrow Papers has given immense powers of appointment to the President such that it potentially makes the Gambia Government the private field of the President.
In all appointments and removals including disciplinary actions, it is always stated that the President “in consultation with” either the Public Service Commission (PSC) or the Judicial Service Commission (JSC). Yet, the members of these bodies (PSC and JSC) themselves are appointed by the same President under sections 249 and 188, respectively. Effectively this means, the President will have overbearing power to decide who works in the Government and what decisions or actions they should take or not. This is the recipe for dictatorship when officials are beholden to the President.
By the powers given to the President in these Barrow Papers, it is obvious that the objective is not to build a modern democratic state that is transparent, accountable, and effective. These papers will only undermine good governance and encourage dictatorship as public officials and security chiefs will have to serve at the pleasure of the President to secure their tenure. The constitution a country needs is one that should limit executive powers and put them under check hence the need for parliamentary oversight.
Public office is too important with far-reaching implications to hand over to any individual. Hence anyone who holds public office should possess the necessary academic and professional qualifications, experience and character. This is because public office and public officials handle life and death responsibilities and huge resources which impact the lives and future of citizens and society. This is why parliamentary confirmation is required for key public office holders.
Parliamentary oversight is crucial in checking excesses on the part of the government. The very concept and purpose of the rule of law are hinged on the need to restrain the powers of the organs of the state and its agents. Therefore, no organ of the state or official such as the President should have unchecked power to decide and act as they like.
For example, the US Constitution, under Article II (2) provides that the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for.” The US president nominates all federal judges in the judicial branch and specified officers in cabinet-level departments, independent agencies, the military services, the Foreign Service, and uniformed civilian services, as well as U.S. attorneys and U.S. marshals. No wonder the US Government, like similar governments, produces excellent professionals and efficient officials that you cannot ignore their competence.
In Ghana, the Constitution gives power to their parliament to approve or otherwise of presidential nominees for appointment as Ministers, Deputy Ministers, Chief Justice and other Justices of the Supreme Court, Members of the Council of State and other public offices specified by law.
What about the Gambia? Just look at the foreign service alone to see the poor quality of officials there. Because there is no transparency and accountability for these appointments the foreign service has been turned into a dumping ground of fraudsters, failed politicians, stooges, and unconscionable technocrats, and a place for favouritism and nepotism. Similarly, if you look into the Cabinet or public enterprises and the civil service, one could see a host of officials holding key and strategic positions without any requisite academic or professional qualification, with questionable character and abysmal track records.
It is for this reason there is an urgent need to ensure that the President does not appoint these officials directly all by himself. He should rather nominate individuals who will be scrutinized by the National Assembly to determine that they are men and women who have character, patriotism, knowledge, and experience thus qualified enough to hold public office. Public office does not belong to the President. Public office belongs to Gambians and whoever holds it requires to be screened by the National Assembly on behalf of Gambians.
Next, Constitutional Series 3 for the analysis of the outrageous presidential appointment powers.
For The Gambia, Our Homeland.
Madi Jobarteh
