By Madi Jobarteh
It is indeed unfortunate that the State House announced that they were taking over the management of McCarthy Square away from the Banjul City Council. This decision is not only illegal, but it is also despicably Trumpian intended to disrupt the legal and political system of the Gambia in favour of unchecked power.
Like Trump, Pres. Barrow also thinks that he can flout laws and norms so long as they do not favour him or will give him more powers and advantage. That is a Trumpian thinking and attitude which is against all norms of democratic governance in a civilized nation.
Banjul is the capital city of the Gambia. The Gambia is divided into local government areas as per the Constitution under Section 193(1) which states that the administration of the Gambia shall be based on democratically elected councils. Banjul City Council is one of these democratically elected councils mandated to govern Banjul city as per the Local Government Act.
While Banjul is the seat of Government, State House does not govern and manage Banjul or any other local government area. Rather the State House compound is one of the properties within the jurisdiction of Banjul.
Thus, despite the needs of the State insofar as the Presidency is concerned, State House does not have any power or authority to involve in the internal governance and management of Banjul city, unilaterally.
Section 48 of the Local Government Act vests in the area council “to exercise all political and executive powers and functions.” Furthermore, Section 90 gives power to the area council to plan and implement any “programme or project for developing the infrastructure, improving social services, developing human and financial resources and for the general upliftment of the community.”
The Office of the President is not the line ministry or the authority overseeing local councils. That function is vested in the Ministry for regional governments and the Local Government Service Commission. Therefore, the Office of the President has no authority whatsoever to take Maccarthy Square from the ownership, control, and management of BCC. The Office of the President has no function in relation to the management of parks in this country.
I hereby stand with BCC against this onslaught by the President. I urge the Mayor of BCC to immediately go to court to challenge this unconstitutional and illegal conduct by the Office of the President. I urge the residents of Banjul to protest this draconian decision of the Office of the president and demand that McCarthy Square remains under the full ownership, control and management of the Banjul City Council.
I urge all political parties, CSOs and indeed all citizens to stand up to defend the dignity and integrity of Banjul City, and to protect BCC from executive over-reach intended to subvert our local government system. When we allow such abuse of power against Banjul to prevail, then no other local government council is safe again from infringement from the Office of the President.
For the Gambia Our Homeland.
About the author:
The author is a renowned rights activist and founder of the Edward Francis Small Center for Rights and Justice.
