18/07/2024
Was the Government Right in Appointing Ministers without doing its Due Diligence?
Due diligence is a process or effort to collect and analyze information before making a decision so a party is not held legally liable for any loss or damages. What more do we need to hear from the government for such blatant violation?
As per the constitution on section 71 (2) which provides that “A person shall not be qualified to be appointed or hold the office of a Minister if, he or she is a member of the National Assembly or if he or she holds the citizenship or nationality of any country other than The Gambia”.
As per this section, we released that the executive appoints Ministers without respecting the constitution as stated above. The same constitution goes further under Section 72 (1) to provide that the Vice-President and Ministers shall be responsible for such Ministries or other business of the Government as the President may assign to them. In making such assignments, the President shall have regard to the desirability of ensuring that such responsibilities are entrusted to competent persons with relevant qualification or experience.
Furthermore, under Section 72(2) it provides that “The Attorney-General shall be the Priniciple legal adviser to the Government and shall have the right of audience in all courts in The Gambia.
Finding ourselves in such a situation of appointing Ministers without regard to the constitution by the executive clearly shows that this government is not serious at all.
The Minister of Justice should be the one advising the state on legalities of appointments with through research on the persons to be appointed.
And now the question is does the state or the Minister of Justice know their functions?