Law Society’s Press Release Misleading


By Hon Madi M.K.Ceesay Serekunda west
It’s misleading for Lamin K. Mboge to imply that the President appoints nominated members.
A Press release that emanated from the offices of the Gambia Law Society and signed by its interim President Lamin K Mboge and dated 28th February 2019 is misleading as far as the positions of national Assembly members are concerned.
The Interim President of a Law Society is sending a wrong message and not quoting the constitutional section correctly; section 88 reads: members of the National Assembly (1) the National Assembly shall comprise-
(a) Forty-eight members elected from the constituencies demarcated by the Boundary commission; and
(b) Five members nominated by the President
This is completely different from the content of the law Society’s press release, which reads:
The powers to appoint five nominated members of the National Assembly lies in section 88 (1) (b) of the Constitution which is very clear. This is wrong and misleading and is not expected from a whole law Society signed by its interim resident in the person of Lawyer Lamin K. Mboge.
May I correct the lawyer and his law society that Members of the National assembly are not appointed, they are either elected or nominated and thereafter when the nominated members take the oath of office; them become members of the National Assembly and enjoys all rights given to members.
Another wrong quotation of the Constitution by the same Law Society is in section 76 (1). According to the said press release it’s quoted as: the powers to appoint five nominated Members is an executive power and such powers shall be exercised by the President under section 76 (1) of the Constitution.
Again this is wrong and not expected from lawyers much more a Law society who’s Interim President has over 20 years of experience.
Here is what section 76 (1) says , it reads: section 76 The executive powers 76 (1) The executive power of the Gambia is vested in the President and, subject to this Constitution , shall be exercised by him or her either directly or through the Vice President , Ministers or offices responsible to him. Period.
So where the word appointment in this section that was wrongly is quoted by the Law Society as per their press release send to the media houses?
It is rather unfortunate that some lawyers are just bent on misleading the population by wrongly quoting the Constitution.
One needs not read the law to read and understand sections of our Constitution; the Gambia Law Society’s Press Release has misquoted the Constitution.
You cannot find anywhere in the Constitution where the President appoint a nominated member.
The membership of the National Assembly is not appointive and it’s wrong and misleading for Mboge to imply that the president appoints nominated members.
Hon Madi M.K.Ceesay
Serekunda west Constituency


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