07/03/2024
PRESS RELEASE...
BAC DENOUNCES GOVERNOR OF WEST COAST REGION ATTEMPTS TO ALLOCATE MARKET STALLS
Brikama Area Council denounces attempts by the Governor of West Coast Region, Ousman Bojang, to arrogate powers of the council’s established market committee to allocate Market stalls of the New Market complex of the Brikama Central Market. The council denounces such acts of the governor as wrong and unlawful.
Under both the constitution of the Gambia and the Local Government Act, only the council is mandated to constitute and deal with issues relating to the management, control and allocation of markets. The Governor has no business in such.
However, in a cavalier attitude with no regards for the laws of the land, the Governor, who does not even have the legal qualifications to be a governor, under section 123(1) of the Local Government Act 2002, as amended by the Local Government (Amendment) Act 2006, confirms that only a person who was a senior civil servant, not below the rank of a Director, can be appointed a governor, that criteria Governor Bojang did not meet before his appointment. Not surprising that the governor whose appointment does not follow the law, has little regard for the law.
The Governor had earlier notified the council of his establishment of what he regarded, as a Market allocation committee, which he claimed would include the head of State Intelligence in the region, the police commissioner, fire service, etc. He was categorically notified by this council that his committee is illegal, as it seeks to arrogate functions of the council’s legally mandated Market Committee, which is assigned to deal with market matters and that committee is made of democratically elected councillors of the various wards of the council.
He was further admonished to desist from such attempts, which would undermine or interfere with the functions and works of the council. He was further written to by council’s legal representatives, which was served on him yesterday, 6 March 2024. However, it seems in a rather cavalier and authoritarian reaction to the same, the Governor has today, 7 March 2024, invited applicants for the stalls, issuing them with forms and promising to allocate them with stalls.
He is further charging D500 for applicants, who succeed with his application. The Governor has no legal mandate to be charging or receiving funds from the public directly. His office is funded from the consolidated funds and not from the direct charging of the public from the market, that are supposed to be revenues for the functions of the council and the development of the region.
Thus, this council wishes to remind Governor Bojang that this is not his Kingdom and this council is not his subject. By virtue of the constitution of the land, this is a democratically elected council with highest degree of autonomy, though this may sounds meaningless to the unqualified Governor, but there is a good reason why the constitutional drafters of the 1996 constitution went to the trouble inserting such a phrase in our constitution.
As a result, the council intends to take every legal action to ensure that this illegal actions of Governor Bojang does not become a precedent, as he is trying to relying on a similar precedent being set in Basse, URR, by President Barrow meant that it should be the law. This council does not recognise such abuse of the law as a norm to conform to and will exercise its powers under Section 126 of the Local Government Act 2002 to pass a resolution petitioning the removal of the Governor.
BAC thus, wish to notify all those collecting forms from the Governor that the Council will not recognise their leases granted to them the Governor in the Market under the control of the council. Only the forms issued by the BAC and tenants allocated to stalls in the new building by the council’s market committee will be recognised by the Brikama Area Council.
Source BAC