Darboe Critiques Gambian Judiciary, Calls for Constitutional Clarity on Public Service Neutrality

Ousainou Darboe

Gambiaj.com – (BANJUL, The Gambia) – The leader of The Gambia’s United Democratic Party (UDP), Ousainou Darboe, has raised concerns over what he perceives as contradictions and ambiguities in the interpretation of the country’s 1997 Constitution, particularly regarding the neutrality of public service appointments. Speaking during an interview with Peter Gomez on West Coast Radio, Darboe defended the UDP’s frequent recourse to the courts, despite their mixed outcomes, as part of an effort to uphold constitutional integrity.

Darboe emphasized the importance of clarifying constitutional provisions, particularly in cases involving appointments by the President that blur the line between public service and partisan politics. “Our constitution is like a skeleton; you have to put flesh on it,” he said, stressing that its interpretation should be guided by principles of public interest, or pro bono publico.

He specifically criticized the appointment of political advisers and other public officials who he claims engage solely in partisan activities while being funded by state resources.

Is it in the spirit of the Constitution that a president appoints a party worker, gives him a title, and then the state pays him while he spends all his time doing party work?” Darboe asked, adding that such practices open avenues for political patronage and undermine public service neutrality.

Darboe expressed dismay over the judiciary’s handling of these issues, citing inconsistencies in judgments related to the constitutional challenges brought forward by the UDP.

For instance, he questioned the reasoning behind rulings that distinguish between “roles” and “offices” in cases involving political party leaders serving as ambassadors or advisers. “How do you reconcile the position that a leader’s role is not an office in one case, but it is in another?” he queried, describing the approach as contradictory.

Despite setbacks, Darboe reaffirmed the UDP’s commitment to pursuing legal avenues to ensure constitutional adherence and accountability. He promised that a UDP-led government would prioritize merit-based appointments in public service.

We will appoint top-notch advisers whose expertise will serve the country’s interests, not individuals focused on party work,” he stated, referencing professionals such as Lare Ceesay and others whose talents, he said, could significantly benefit national development.

Darboe also touched on broader governance issues, criticizing the appointment of ambassadors who are closely tied to political parties, a practice he argued compromises the professionalism and neutrality required in diplomacy.

He expressed disappointment at the judiciary’s refusal to consider well-known facts and public admissions about party affiliations in such cases, stating, “Even my grandson knows these facts.

The UDP leader added that he remains resolute in challenging practices he believes undermine the rule of law and the public interest, vowing to continue advocating for systemic reforms.

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