Politics | 𝐆𝐚𝐦𝐛𝐢𝐚: 𝐈𝐄𝐂 𝐂𝐡𝐚𝐢𝐫𝐦𝐚𝐧 𝐍𝐣𝐢𝐞 𝐌𝐔𝐒𝐓 𝐑𝐞𝐬𝐢𝐠𝐧 𝐈𝐦𝐦𝐞𝐝𝐢𝐚𝐭𝐞𝐥𝐲
According to a “leaked letter” alledgedly written to Prisident Adama Barrow by IEC Chairman, Alieu Momar Njie and published by Open Gambia, where the IEC Chairman requests the intervention of the President to halt the criminal investigation into the financial malpractices at Election House, we call on Chairman Njie to resign effective immediately.
If the letter was indeed written by Alieu Momar Njie, the letter glaringly shows guit of financial malpractice and total loss of credibility for the chairman and Election House.
As Gambians, home and abroad look forward to 2026 election year, a transparent and credible Indedendent Electoral Commission is integral in deciding Gambia’s future post 2026.
If the timeline is anything to go by, it would appear the President has rejected the request to intervene in the police investigation.
We urge the Gambia Police to press ahead with their criminal investigation into alledged financial malpractice at Election House and anyone found abusing public funds must pay for their criminality.
Having said that, we urge the Gambia government to be consistent with fighting corruption across the board regardless of whom it may affect. This must not exclude the executive.
Below we reproduce verbatim, an alledged letter from Chairman Njie to President Barrow to stop the Elction House fraud investigations.
“3rd October, 2024.
HIS EXCELLENCY ADAMA BARROW
PRESIDENT OF THE REPUBLIC OF THE GAMBIA
STATE HOUSE
BANJUL, THE GAMBIA
Dear Sir,
REPORT OF INTERFERENCE WITH THE WORK OF THE INDEPENDENT ELECTORAL COMMISSIONER
I write to bring to your attention recent moves by the National Audit Office and The Gambia Police Force which is seriously affecting the work of the Independent Electoral Commission.
Members of staff of the Independent Electoral Commission were recently summoned twice (2) to appear at the Fraud Squad of The Gambia Police Force, Police Head Quarters in Banjul on the basis of a phone call seemingly in respect of a Special Audit exercise undertaken by the National Audit Office at the Independent Electoral Commission. As Chairman, I led the delegation to the Police Headquarters. There, the whole deliberation centered on the Audit Report or queries emanating from that Report.
Again, on Tuesday, 1st October 2024, two (2) officers from the said Police Fraud Squad visited the office of the Independent Electoral Commission. Their mission is to take statements and obtain some documents from the Independent Electoral Commission. In effect, it appears that the police intends to embark on a criminal investigation of the activities of the Independent Electoral Commission.
All the above actions amount to interference with the work of the Independent Electoral Commission.
I wish to state categorically that in the exercise of its functions under the Constitution or any other law, the Independent Electoral Commission shall not be subject to the direction or control of any other person or authority.
See: Section 43(3) of the 1997 Constitution.
The issues raised in our encounter with the police relates to the exercise of the functions of the Independent Electoral Commission as provided in section 43(1) of the Constitution of The Gambia, 1997, especially in respect of expenses made in the conduct of elections in The Gambia.
With regards to the way and manner the commission should deal with its audit, the Constitution is very clear on the subject. Section 44 of the 1997 constitution provides:
“The Independent Electoral Commission shall submit its annual estimates of expenditure to the President for presentation to the National Assembly in accordance with this constitution. The President shall cause the estimates to be placed before the National Assembly without amendment, but may attach to them his or her own comments and observations”.
The Independent Electoral Commission has always carried out its own audit and presented its report in accordance with the Constitution. In particular, the commission has identified and instructed its external auditors to carry out an audit of the Commission. It is a statutory duty of the commission. However, theNational Audit office has written to the said external auditors to discontinue the said exercise. This is another clear case of interference with the work of the Independent Electoral Commission.
Whilst it is acknowledged that the Auditor-General is empowered under the Constitution to carry out a Special Audit of any public body, the report of such an exercise shall be presented to the Finance and Public Accounts Committee of the National Assembly.
Section 160(8) of the constitution provides:
“Nothing in this constitution shall preclude the Auditor-General, at the request of the head or governing body of any public, corporation or institution referred to the subsection (1) ( c) or on his or her own initiative, from carrying out any Special Audit of such body, corporation, institution and where he or she carries out such a Special Audit, it shall be reported to the Finance and Public Accounts Committee”.
It is clear that in circumstances where the Auditor-General embarks on a Special Audit, the Constitution provides where and how it should submit its reports.
However, this is not to concede that Auditor-General could carry out a Special Audit of the Independent Electoral Commission. If that was intended by the 1997 Constitution, it would have been expressly stated in section 160 (1) (c) of the Constitution itself.
The Constitution is the Supreme Law of the Land and it is important that the Independent Electoral Commission is made to carry out its functions under section 43(1) of the 1997 Constitution without any interference whatsoever. That is the sprit of the Constitution when it provides in section 43(3) that in the exercise of its functions, the commission shall not be subject to the direction or control of any other person or authority.
I wish to state categorically that throughout the presidency of YAHYA JAMMEH, there has never been interference with the work of the Independent Electoral Commission by the executive or organs of the state. His government supported the Commission and placed resources at the disposal of the Commission in the execution of its functions. This kind of support to the commission and non interference with the performance of its functions clearly led to the International recognition of the commission. A lot of electoral commissions in Africa had to conduct study tours here in order to learn from The Gambia experience.
I am not convinced and certainly do not accept that the Independent Electoral Commission is subject to the control of the Auditor General or The Gambia Police Force in the exercise of its functions under the constitution. We all know that elections expenses relate to the exercise of the functions of the Independent Electoral Commission. Electoral Commissions are very sensitive institutions throughout the world.
I wish to inform your excellency that if action is not taken to curb interference with the performance of the functions of the Independent Electoral Commission, it will seriously undermine the ability of the electoral body to conduct public elections in The Gambia. His
Excellency, without credible elections, no one can assure democracy, freedom, peace and security in the country.
Your excellency, it is, therefore in the public interest and in the interest of national security that the National Audit office and The Gambia Police Force are restrained in their actions towards the Independent Electoral Commission immediately. They should follow due process and the Constitution. Otherwise, it could jeopardise the peace and tranquility of the people of The Gambia.”
END
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