Monday, 24 December 2018

‘‘MP's Who Voted For The Unconstitutional SAB Commits An Offence Of Treason’’

The last time I checked the most talked Supplementary Appropriation Bill (SAB) tabled by Mamburay Njie, Minister of Finance and Economic Affairs in December is a violation and unconstitutional as described in section 154 (1) and (2) of the 1997 Constitution of The Republic of The Gambia.

The question is where did Speaker Denton have the power to vote on the said SAB that was controversially passed by the National Assembly on December 14? The Speaker who is a trained legal person should abstain from bringing harm. Voting in the National Assembly; Section 106 reads;

(1) Except as otherwise provided in this Constitution, any matter proposed for decision in the National assembly shall be determined by a majority of votes of the members present and voting.
(2) The person presiding in the National Assembly shall have neither an original nor a casting vote and if on any question before the National Assembly the votes are equally divided, the motion shall be deemed to have been rejected

Readers could recall that Halifa Sallah and Co. did not participate in the voting process of the said SAB. Besides, the issue is the SAB tabled by the Minister of Finance itself is illegal and unconstitutional. Therefore, it will be a crime to participate in a process that is totally unconstitutional and against the public finance Act and the Constitution as stated in Section 6 (A) and (B), which reads;

"Any person who by himself or herself or in concert with others, by any violent or other unlawful means, suspends or overthrown or abrogates this Constitution or any part of it, or attempts to do any such act; or
(B) Aids and abets in any manner any person referred to in paragraph
(A) Commits the offence of treason and shall, on conviction, be liable to the prescribed by an Act of the National Assembly for that offence.

If National Assembly Members can hijack the Constitution, then that tells a lot is urgently needed for a better Gambia we want. Until and unless we realize the significance of good governance our Nation will perish.

Saidina Alieu Jarjou
Blogger/Political Activist

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