Mr. President, the traits of corruption erode governance, the economy, national stability, hinder development, and perpetuate cycles of inequality and dysfunction in a society.
Mr. President, since you assumed office, you have downplayed every issue of corruption in your government. Consider the Securiport contract, the SENELEC contract, the Karpowership contract, Fatoumata Barrowโs foundation, the Port Authority corruption saga, and others. These allegedly corrupt contracts have worsened citizensโ livelihoods by widening the poverty gap, rendering them vulnerable to corrupt practices, such as bribery, extortion, kickbacks, illicit enrichment, trading in influence, cronyism etc.
However, you might argue that corruption is โas old as mankind and one canโt fight it entirely, but can be minimized.โ Yet, Mr. President, you canโt be an abettor of corruption. The case of Dr. Banja, whom the courts found guilty of corruption and was later pardoned by you, positions you as an enabler of corruption.
You have dismissed the audit reports as a โmere opinion,โ despite the National Audit Act 2018, Part IV, Sec. (20), Subsection (2), mandates that โthe Auditor General should attach the audit ๐ถ๐ท๐ฐ๐ต๐ฐ๐ถ๐ต to the financial statements of the audited entity and present them to the National Assembly.โ This โmere opinionโ is based on the evidence gathered, which is in line with auditing standards. However, your recent move to redeploy the Auditor General violates Section 158, Subsections (4) and (5) of the Constitution, consistent with the National Audit Act 2018, Section 15, Subsection (4): โThe Auditor General may ๐ข๐ก๐๐ฌ be ๐ฅ๐๐ ๐ข๐ฉ๐๐ from office by the President on the following grounds: (a) inability to perform the functions of his or her office arising from infirmity of the mind or body or from any cause, (b) misbehavior, or (c) incompetence, as detailed in Subsections (5), (6), and (7).โ As the Constitutionโs custodian, this cannot be an oversight but a clear constitutional breach. Many viewed your actions as discrediting the institutionโs work, interfering with its independence, and undermining the unpublished audit reports. Furthermore, the lack of due process in redeploying and appointing a new Auditor General risk jeopardizing the new appointeeโs future work, which, per the Constitution, Section 160, Subsection (7), states: โIn the exercise of his function under this Constitution or any law, the Auditor General shall not be subject to the direction or control of any person or authority.โ
Mr. President, history tells us that President Jawara championed democracy but failed to fight corruption, which led to the birth of Jammehโs Presidency through a coup. Jammeh arrived with a pledge to fight ๐ฅ๐๐ ๐ฃ๐๐ก๐ง ๐๐ข๐ฅ๐ฅ๐จ๐ฃ๐ง๐๐ข๐ก, a promise initially embraced by citizens, only to be consumed by the very cause he once fought for.
Mr. President, you should be the champion for the fight against corruption and for democracy. This will boost public trust, strengthen rule of law, enhance public services, enhance democratic institutions, promote social equity, and ensure political stability. These values are what the citizens are yearning for, and upon which your legacy depends.
Mr. President, allow me to delve a bit into the topic of demonstration. As enshrined in the Constitution, under Section 25, Subsection (1d): โEvery person shall have the right to freedom to assemble and demonstrate peaceably and without arms.โ This is a God-given right to any human being and must not be denied by any law. To put it in a laymanโs terms, picture a baby โprotestingโ over disliked food. They may not grasp the term โprotestโ but instinctively exercise this right due to their dissatisfaction.
Mr. President, your government was first welcomed by the Kanilai Protest, where the security acted unprofessionally, firing live bullets at protesters, leading to the untimely death of Harona Jatta (God rest his soul) and several injuries. This tragedy could have been avoided either by professionalism, wherein security could have been provided to allow protesters to march peacefully, or a logical approach by standing down. Imagine protesters walking 10 kilometers from Kanilai to Kanfenda under a scorching sun; upon arrival, their priority would likely be water to quench their thirst or food, and later disperse peacefully. This was followed by the Faraba Sand Mining Protest, claiming three young lives, the Three Years Jotna Protest, and the most recent ๐๐๐๐ Protest. The latter demands scrutiny of your governmentโs handling of Jammehโs asset sales, following the publication of The Republic online article: โThe assets of Gambiaโs former dictator go for a song.โ This prompted the National Assembly to establish a select committee to investigate the Janneh Commissionโs asset sales. The ongoing inquiry has unearthed blatant corruption, disregard for the rule of law, nepotism, abuse of power etc. Though their protest without obtaining a permit was unlawful under the Colonial Public Order Act of 1961, as amended in Sections 5 and 6, their cause was worthy, as they have been vindicated by the witnessesโ testimony during the ongoing inquiry by the select committee of the National Assembly.
Mr. President, I urge you to repeal or amend the Public Order Act to align the right to peaceful protest with international standards. The merits of protest raise awareness, influence policy, and shift public opinion. For instance, the select committeeโs inquiry has highlighted the Janneh Commissionโs dubious activities in selling Jammehโs assets at piece-meal prices. All this became public knowledge because of a โprotest.โ Thus, Mr. President, be brave to fight against corruption to the fullest to restore public confidence in your government, improve the livelihood of the people, and steer the growth of the economy toward prosperity in a peaceful nation. For The Gambia, our homeland.
I remain in your service, Dr. Benjamin Kofi Kujabi.
