President Adama Barrow Have Right To seek re-election

I write today not just as a proud supporter of President Adama Barrow, but as a committed advocate for the continuation of peace, democracy, and the rule of law in The Gambia. With the upcoming 2026 presidential elections on the horizon, it is essential to voice overwhelming support for President Barrow's candidacy, rooted firmly in the legal framework established by our Constitution. The 1997 Constitution of The Gambia lays a clear path for Barrow to contest in the 2026 elections, unequivocally qualifying him and emphasizing that he has every right to seek re-election. The National People's Party (NPP) stands resolute in its support for our President, and I assure you, this sentiment resonates deeply among the people of our great nation. As we reflect on the strides made under Barrow's leadership, it is clear that the Gambian citizens recognize the significant progress achieved in just a few short years. Under President Barrow's administration, we have witnessed a remarkable transformation in our infrastructural landscape. The advancements in road networks and the commitment to rural electrification have brought essential services to countless communities, fostering economic growth and stability. The promise of uninterrupted electricity has become a reality for many, creating an environment ripe for further development and prosperity. These achievements alone are a testament to his dedication and vision for a better Gambia. As a representative of the Lower River Region diaspora and the European Coordinator for the National People’s Party, I have witnessed firsthand the unwavering support for President Barrow within our communities. We are prepared to mobilize political resources and strategic communications to ensure that the Gambian populace is informed and empowered to make the right choice come election day. The fidelity of the NPP to President Barrow is not merely a party line; it reflects the genuine faith of our constituents in a leader who prioritizes the welfare of the people above all. To the opposition, I urge you to reconsider your stance. The cries against Barrow's participation in the elections lack substantive legal grounding and only serve to undermine the democratic processes we have fought so hard to preserve. Our Constitution is clear: President Barrow has the legal right to run, and we must respect the tenets of democracy that allow the voice of the people to be expressed freely, without intimidation or bureaucratic obstruction. It is with confidence that I declare: we will not only rally our supporters but will seek to expand our base, engaging with undecided voters and reaffirming the accomplishments that have been achieved under Barrow's leadership. The momentum is palpable, and I am convinced that President Barrow will secure an even more resounding victory in 2026 than in the 2021 elections. In conclusion, let us unite in our efforts to support a candidate who has proven his commitment to peace, democracy, and the rule of law. Let us rally behind President Adama Barrow, who continues to lead us toward a brighter future. Together, we as members of the National People's Party and Gambia's citizens will ensure that our voices echo through the ballot box. Sincerely, [Your Name] European Coordinator, Lower River Region Diaspora National People's Party, The Gambia

Valuable Lessons And Experiences In Multilateral Lobbying

As a team, we were dedicated to tirelessly promoting the candidacy of Hon Dr. Mamadou Tangara for the position of Commonwealth Secretary-General. Since December 2023, the Gambia High Commission in London, alongside other sister missions, collaborated with the technical team at the Ministry of Foreign Affairs, led by His Excellency PS Lang Yabou, PS Mboob, Director of Europe Mariam Khan, and Director of Protocol Ebou Sillah. International multilateral organisations such as the Commonwealth are a prestigious entity of fostering the existing international rules-based order. Meeting and listening to 56 Foreign Ministers, with the Commonwealth Secretary, Rt Hon Patricia Scotland and her diverse technical teams, discussing and lamenting on issues with them is a good experience. And The Gambia is always mentioned with warmth and respect.

I feel privileged to have contributed, alongside other technical team members, including Mr. Amadou Jaiteh in the New York Mission, who is a consummate professional of integrity. If memory serves me correctly, he was the one who took down former President Jammeh’s portrait at the Permanent Mission of the Gambia in New York, responding to the people's call for President Jammeh to honour the verdict expressed through the ballot. Mr. Amadou Jaiteh served under Dr. Tangara as First Secretary and Legal Adviser. He affirmed that Dr. Tangara is a skilled diplomat with a forward-looking vision for his country. Mr. Jaiteh references the dark period of our political impasse, when Dr. Tangara along with other diplomats aligned with the Gambian people, disregarding Jammeh’s election petition by engaging the UN Security Council in collaboration with the sister Republic of Senegal, which led to AU and ECOMIG involvement in upholding the people's verdict.

Ms. Marang Sanyang at the Addis Ababa Mission is a brilliant legal mind with a commendable professional work ethic. Mr. Saikou Ceesay from the Washington Mission, along with all the staff at the Ministry of Foreign Affairs, made significant contributions by facilitating regular conference calls throughout the process. As a rights and political activist for over 20 years, I have a deep understanding of the significant issues of discussions in The Gambia, as well as the concerns of government and non-government actors likewise the political opposition. However, it is important to recognise that the international community is not a one-dimensional entity driven solely by specific agendas. Numerous countries with troubled pasts have nonetheless hosted key international events and even led major institutions. The complexities of our current era, coupled with the accountability of prominent personalities, will undoubtedly remain subjects of ongoing debate and discussion. To whom much is given, much is expected.

This campaign was not solely about Dr. Tangara; it was an invaluable learning experience for many within The Gambia’s diplomatic cadre. Young, vibrant diplomats were carefully selected to participate and share innovative ideas for our country. The process opened a pathway for the future of The Gambia’s foreign policy, allowing us to engage with accomplished diplomats from all regions of the Commonwealth (Africa, Asia, Europe, the Caribbean, and the Pacific Islands). Selling a candidate is always difficult, especially with the brotherly structure of the commonwealth. Meeting Prime Ministers, FM, and Heads of delegations with specific national agendas is the pinnacle of lobbying for support. As a small nation, we indeed approached this campaign with determination, decorum, and respect, fostering strong international partnerships. Her Excellency Dr. Fatou Bensouda, the High Commissioner and Campaign Manager, empowered our technical team to conduct ourselves with vigour and diligence, seizing every opportunity to advocate for our candidate. Together with Ambassador Lamin Dibba, Ambassador Jainaba Jagne, Ambassador Professor Muhammed Kah, and others, we represented our candidate and The Gambia at every possible occasion. Each member of the team was deeply engaged in the campaign, contributing thoughts with intellectual assurance and patriotic enthusiasm to ensure our candidate's and The Gambia's success.

The competitive race involving two African candidates was indeed a challenging endeavour. Hon Dr. Mamadou Tangara maintained a commendable disposition throughout the campaign, demonstrating comradeship towards our competitors. The contest for a single position among African candidates was always going to be difficult. Our team remained committed to conducting the campaign with positivity and cordiality, treating our opponents with respect. Visiting various high commissions in London, communicating with High Commissioners, and addressing misinformation about our candidate proved insightful, highlighting the reality that, irrespective of the position one aims for, "politics can sometimes become contentious," with some vying for advantage using every tool at their disposal. We are grateful to all our embassies and missions, including those in the African Union, China, Brussels, Madrid, and Turkey, for their contributions in disseminating campaign information. We remain resolute in our efforts! We believe that Dr. Mamadou Tangara's candidacy for

the Commonwealth Secretary-General role represented a significant opportunity for The Gambia to enhance its diplomatic influence and assert itself on the global stage. Given his extensive experience in diplomacy, Dr. Tangara is qualified to lead one of the world’s largest intergovernmental organizations. His career includes serving as The Gambia's Minister of Foreign Affairs and as Permanent Representative to the United Nations, showcasing his ability to bridge divides and foster consensus, which is corroborated by Mr. Amadou Jaiteh’s observations. The Gambia High Commission organized a drinks reception on September 9, 2024, supported by Africel, E&P, Global Properties, HCAPS, Binti, WYN, and Yonna, attracting diplomats and representatives from numerous Commonwealth nations. Our meetings with the Commonwealth Board of Governors in May injected significant momentum into our campaign, particularly once a single African candidate was no longer in the running. The campaign took us to the Chatham House debate in London and the UN General Assembly in New York, where our diplomats and campaign team actively engaged with counterparts on serious diplomatic matters. Dr. Tangara’s candidacy transcended political affiliations within The Gambia, emphasising national unity over partisan interests, this endeavour was not solely about national politics but rather a representation of The Gambia on the international stage. It was surprising to witness negative petitions against Dr. Tangara due to his previous service in the former government. In our new democracy, such reactions are to be expected, and as a campaign team, we accepted them in good faith and continued our efforts. Although Dr. Tangara was not selected as Secretary General, The Gambia’s name has positively risen on the international stage.

In conclusion, I would like to express my sincere gratitude to His Excellency, President Adama Barrow, for his unwavering support during the campaign. And for always according me brotherly courtesy and time. To Her Excellency Dr Fatou Bensouda, for the trust and confidence bestowed on us. To PS Lang Yabou and the MOFA team, we thank you for the encouragement amidst buffering against the bigger country, Ghana. I commend the staff of our Mission in London for their tireless work throughout the campaign, and I extend special thanks to Ms. Manjit K. Gill MBE for her support and voluntary contributions, as well as to all well-wishers both within and outside The Gambia. We are also grateful to His Excellency, the Vice President, for his attendance at the Samoa CHOGM. The Gambia is indeed loved by many – with the battles for her heart – May God Guide us at all times. The Gambia is a land of vibrant colours and warm smiles, its beauty captivates both those near and far. Sulayman Suntou Touray, Deputy Head of Mission London

Over D300,000 Missing At KMC say Karamo Ceesay

source Namasita

KMC Finance Committee Chairman Reveals Investigation into Missing Funds Abandoned Kanifing, The Gambia – Karamo Ceesay, the Councillor of Tallinding South and Chairman of the Finance Committee of the Kanifing Municipal Council (KMC), has revealed that an investigation into deleted financial records was left unfinished, leaving nearly D300,000 unaccounted for. This disclosure was made during his testimony before the Local Government Commission of Inquiry, which is examining the administrative and financial practices of local government councils from May 2018 to January 2023.

Ceesay explained that he had been part of the investigation team looking into the missing financial records from the KMC’s rates unit. However, he stated that the inquiry was abandoned without any conclusive findings, meaning no one was held accountable for the missing funds amounting to D297,941.43. According to Ceesay, “The investigation was not concluded, and until now, the amount remains unaccounted for.” The Finance Committee Chairman highlighted that former Acting Deputy Director of Finance, Sheriff Njie, had alerted the Mayor’s office to the deletion of records in the Matrix System, the council’s financial management software. This prompted an initial investigation by both the Finance and Establishment Committees. Although the investigation team questioned several key personnel—including the software developer, the cashier, and the IT manager—no clear culprit was identified due to technical limitations in the system, which lacked an “audit trail” to track user activity. Ceesay disclosed that the investigation hit a major roadblock when the IT manager, who had significant access to the system, unexpectedly resigned during the inquiry and became unreachable. This setback, combined with an incomplete technical assessment of the Matrix System, ultimately led to the abandonment of the investigation. “The IT manager’s resignation left many questions unanswered, and without his input, the committee was unable to reach a definitive conclusion,” Ceesay explained.

Unfulfilled Accountability Measures Lead Counsel Patrick Gomez expressed concerns over the council’s failure to conclude the investigation. He emphasized that a formal report should have been issued, regardless of the findings. “You must have a report. Your report can indict someone or confirm that no one can be held responsible based on the available facts, but you must have a conclusion,” Gomez stated. Ceesay agreed with this assessment, acknowledging that the council should have issued a report, even if it was inconclusive. However, he noted that structural and operational challenges at KMC had hindered their ability to take appropriate actions regarding the missing funds. Concerns Over Compliance with Financial Regulations During his testimony, Ceesay also addressed questions regarding the KMC’s compliance with financial regulations. He admitted that while KMC had various operational accounts, it did not have a specific “Fund of Council” account as mandated by the Finance and Audit Act of 2004. This act requires all local councils to maintain a development fund account for all revenue generated by the council. Additionally, he revealed that the council’s Accounts Committee, which he was a part of, rarely met to review financial reports, further complicating oversight and accountability efforts. Ceesay shared that the council allocated D200,000 annually to each ward development committee for small infrastructure projects from 2019 to 2023, except in 2019, when funds were withheld due to the lack of ward development accounts. In that year, the council implemented projects directly, bypassing the ward committees.

Questionable Payments and Oversight Shortfalls The Commission also probed the council’s practice of making honorarium payments, which were not explicitly permitted under the Local Government Financial Manual. Ceesay admitted that he was unaware of any legal basis for such payments, prompting further scrutiny of KMC’s expenditure practices. The Commission highlighted multiple audit findings pointing to financial mismanagement and unaddressed allegations of fraud within the KMC. Ceesay admitted that internal audit reports, which are supposed to be reviewed by the Accounts Committee, were often not forwarded to his committee for further action. This lack of oversight, he conceded, likely contributed to the council’s inability to address fraudulent activities and irregularities flagged by auditors. Uncollected Revenues and Accountability Gaps In addition to the missing D297,941.43, internal audit reports uncovered significant uncollected revenues within the council. A report for the first quarter of 2021 revealed outstanding invoices amounting to over D29 million, alongside uncollected fees from market canteens and other council assets. Ceesay was asked to provide an update on the collection of these outstanding balances, further underscoring the council’s struggle with revenue management and accountability.

A Call for Improved Governance The testimony of Karamo Ceesay has raised serious questions about the governance and financial oversight practices at the KMC. The incomplete investigation, coupled with the lack of a robust accountability framework, has left the issue of the missing funds unresolved. Chairperson Jainaba Bah and Lead Counsel Patrick Gomez have emphasized the need for greater transparency and adherence to legal requirements within the council. As the Local Government Commission of Inquiry continues its work, the revelations from KMC’s operations highlight the importance of rigorous financial oversight and clear accountability measures in local government. For Gambians, this investigation serves as a reminder of the need for transparency and the critical role that councils play in managing public funds responsibly.

Kalipha MM Mbye Appointed As Clerk National Assemble

National Assembly Appoints Mr. Kalipha MM Mbye As New Clerk Banjul, The Gambia - The National Assembly has approved the nomination of Mr. Kalipha MM Mbye as Clerk of the National Assembly, effective 20th December 2024. The motion to appoint Mr. Mbye was tabled by Hon. Billay G Tunkara, Majority Leader and Member of the National Assembly Authority, during the Second Extra-Ordinary Session of the 2024 Legislative Year on Saturday, 19th October. Mr. Mbye will succeed Mr. Momodou A Sise, who is scheduled to retire on 19th December 2024. Prior to his appointment, Mr. Mbye served as the Deputy Clerk Legal and Procedural Matters at the National Assembly. In this role, he was responsible for overseeing and coordinating the effective functioning of the Legal Affairs, Table Office, and Sergeant-at-Arms departments. As the chief legal and procedural expert, Mr. Mbye provided essential legal and procedural advice to the Speaker, Deputy Speaker and all Members of the National Assembly, ensuring the smooth and orderly operation of the National Assembly. About The New Clerk Mr. Kalipha M.M. Mbye holds a Master of Laws (LLM) degree in International Legal Studies from the University of Bradford, UK, and a Bachelor of Laws (LLB) degree from the University of The Gambia. He has a wide range of professional qualifications, including certifications from the CPA Parliamentary Academy in Leadership in Parliament and Administration and Management of Parliament. Mr. Mbye's experience spans over a decade in various roles within the National Assembly, including Director of the Table Office and Hansard, Assistant Clerk, and Committee Clerk. He has served as a focal point officer for international projects related to fiscal transparency, democracy consolidation, and parliamentary training. In addition to his responsibilities in the National Assembly, Mr. Mbye is an Adjunct Lecturer at the University of The Gambia, teaching Public International Law. His vast experience in parliamentary procedures, drafting legislative reports, and leading reforms such as the revision of the National Assembly's Standing Orders and the drafting of the National Assembly Service Bill are notable achievements in his career.

Information Minister Visits GAMTEL

The Honourable Minister of Information Dr. Ismaila Ceesay overseeing the Ministry of communications and digital economy (MoCDE) was at GAMTEL on the 14th October 2024 for familiarisation tour. He was accompanied by the Deputy Permanent Secretary Mr Assan Gaye and Senior officials from the Ministry. The delegation was received by Senior Management and staff of GAMTEL/GAMCEL. The purpose of the visit was to engage and dialogue with GAMTEL/GAMCEL Management to acquire first hand information on the infrastructure, Operations and the challenges faced by both entities.

The Minister further stated the need to support GAMTEL to take the lead in the country's digital transformation agenda, and to ensure both institutions become more competitive and continue to provide reliable and efficient service delivery. The Managing Director of GAMTEL Mr Lamin A.Tunkara solicits support from the government through the Ministry for Gamcel to have a state of the earth billing system that would enhance quality services and increase revenue generation.

Court Refuses AG’s Attempt To Remove MCA From AKI Case

Court Dismisses Attorney General's Attempt to Remove MCA's Name in AKI Case (66 babies death of paracetamol syrup) By Kexx News The Attorney General attempted to remove the name of the Medicine Control Agency (MCA) in the suit file by 19 families of victims of Acute Kidney Infection, but Justice Ebrima Jaiteh of the Banjul High Court dismissed the application, saying MCA could be sued. He said the application lacked merit and he dismissed it. The 19 Families of Acute Kidney Injury (AKI) Victims filed a lawsuit against Maiden Pharmaceutical, Atlantic Pharmaceuticals Company, Medicines Control Agency, Ministry of Health and Attorney General seeking justice for the tragic demise of their children caused by cough syrup manufactured by the Maiden Pharmaceutical Company. By a motion dated and filed on 7 October 2024, the Attorney General on behalf of the MCA, Ministry of Health and his behalf (referred to in this article as Applicants) through State Counsel Binga D, the Director of Civil Litigation at the Attorney General’s Chambers asked the court to pass an order dismissing the suit against MCA. It is the submission of Binga D (applicants) that they are not liable to be sued in tort unless sovereign immunity has been waived and, therefore, the court lacks subject matter jurisdiction over the claim. Also, he argued that actions and omissions of the State and its officials in the exercise of discretionary functions, or its role as a regulator, are immune from civil liability. The safety policies of the State are discretionary regulatory and are immune from civil liability; Binga said the core policy decisions by the State are immune from tort liability in general and negligence in particular because they are fundamental constitutional and institutional roles vested in the executive and not subject to the judiciary’s private law oversight. He added that the separation of powers doctrine precludes the judiciary from adjudicating and/or imposing liability on either the executive or legislative branches of government based on the performance mandates; of their core constitutional institution matters. It is his case that there is no waiver of sovereign immunity in matters of activities involving the exercise of core constitutional and institutional roles or mandates by the State, and the claims or disputes involving the State policies are not justiciable and not capable of adjudication in civil litigation. He concluded that the victims’ families have failed to identify any applicable waiver of the state sovereign immunity. In moving his application, Binga D Counsel for the Applicants submitted that prayer 3 on the writ of summons cannot be granted pursuant to sections 17 (2)&(4) of the State Proceedings Act and also referred the court to the case of Yakumba Jaiteh versus the Clerk of the National Assembly and Others. Counsel Binga further referred the court to case law authorities from the Common Law Jurisdiction of England without providing the said authorities to the Court. It is his submission that the actions of the Applicant as a statutory body are not open to civil action and further argued that the actions of the Respondents against the Applicants and its agencies do not grant the families the right to sue the State as the State is not liable in tort. In responding to the application on points of law, Senior Counsel Yassin Senghore for the families referred the court to section 7 of the 1997 Constitution of The Gambia and submitted that it binds this court and also refers this court to the case of Yakumba Jaiteh at page 21. She stated that the court cannot grant an injunction against the State; however, the court can make declaratory orders and determine any act. Counsel Yassin Senghore further submitted that what the families are seeking are declaratory orders, which are provided for under the State Proceedings Act without recourse to a fiat. Counsel Yassin Senghore refers this court to sections 3, 4(1) (3), 10, and 17(2) (4) of the State Proceedings Act. She argued that the court has the power to hear the case. She argued that the Medicine Control Agency is a corporate body that can sue and be sued and was established by the Medicines and Related Product Act of 2014. Counsel Yassin Senghore further argued that the Common Law authorities cited are not binding on this court and section 211 of the 1997 Constitution is irrelevant to the issues before the court. She urged the court to dismiss the case. In his ruling, Justice Jaiteh said it is important to state that the right to sue the state is provided under Part Il of the State Proceedings Act, which provides “A claim against the State may, subject to the provisions of his Act, be enforced as of right and without any fiat, by proceedings taken against the State for that purpose in accordance with the provisions of this Act.” The Import of section 3 above is that a suit can be filed against the State subject to other provisions of the State Proceedings Act, which means that the application of section 3 is subjected to other provisions of the said Act. Section 4 of the State Proceedings Act (supra) deals with the liability of the State in tort. “The State as a party is subject to all the liabilities in tort as if it were a private person of full age and capacity and this I shall hold as a fact,” Justice Jaiteh said. Justice Jaiteh said the MCA was established under section 3(1) of the Medicines and Related Products Act of 2014; that the Agency is a statutory body corporate with perpetual succession and may sue and be sued in its corporate name. “It, therefore, implies that the Medicines Control Agency can sue and be sued by any party, and this I shall hold as a fact,” Jaiteh said. Justice Jaiteh said the requirement of seeking the consent of the State or Sovereign Immunity does not apply in this jurisdiction and is of no moment. “It is as of right that any person who is aggrieved and has a claim against the State can sue the State without seeking the State’s consent to do so and can be enforced as of right,” he said. “Consequently, Sovereign Immunity as argued and submitted by Binga D. Of Learned Counsel is immaterial and inapplicable in this jurisdiction,” he added. He held that the Medicines Control Agency, the Ministry of Health and the Attorney General are liable to be sued in tort, and no sovereign immunity is required in law. “State policies are justifiable and capable of adjudication in civil litigation if they give rise to cause of action in tort against the servant or agent of the State,” he said. On the issue of whether the separation of powers doctrine precludes the judiciary from adjudicating and/or imposing liability on either the executive or legislative branches of government based on the performance of their core constitutional or institutional mandates and not subject to the judiciary’s private law oversight. Justice Jaiteh said it is important to state that the term judiciary, in essence, denotes the branch of the State, popularly known as the third arm of the State that is constitutionally responsible for interpreting the laws and administering justice. He added that the primary role of any court is to do justice. “A court of law is enjoined to dish out justice to parties to any proceedings in consonance with the law. A court of law is not allowed to jettison or turn a blind eye to sacred prescriptions of legislation in the guise of doing justice, be it substantial justice. That would be akin to abdication of its sacred official duty,” he said. He said the court, in execution of its core mandate of adjudication, is obligated to interpret and administer justice according to law. “Where the executive or the legislature is a party to a proceeding, the court is obligated to interpret and administer the law and is not precluded liability on the executive or legislative branches of government based on the law where that performance has given rise to a cause of action in tort,” he said. @highlight Follow Everyone Following #CourtReporting #thenationeye #factualnews