The Constitution under Section 80 gives powers to the President to constitute public offices. The Constitution also gives power to the President under Section 200 to set up a commission of inquiry. Other than these two provisions, the President has no legal authority or power to create any public office. The rest of the public offices have already been established by the Constitution or through an act of the National Assembly.
The Constitution has created several advisory councils or committees for the President to consult with. These include the National Security Council established under Section 78, the Committee on the exercise of Prerogative of Mercy under Section 82, the Judicial Council under the Judicial Service Commission mentioned under Section145, the Advisory Committee on the conferment of honours mentioned under Section 166, the Police Council under Section 180, Prison Service Council mentioned under the Control of Prison Service in Section 183, and the Armed Forces Council established under Section 189. The only religious body mentioned in the Constitution is the Supreme Islamic Council under Section 137A(4)(c) for the composition of the Cadi Appeals Selection Committee.
Hence the announcement that a National Muslim Elders Advisory Council is created and inaugurated at State House raises worrying constitutional concerns. Therefore, we request the Office of the President to inform the public as to what is the constitutional and legal basis for the creation of this body?
Secondly, we are concerned about the statements that the President made at the inauguration of this body. To claim that he will provide office space for them with a vehicle and fuel, the sources of which should not concern the members raise serious issues of transparency and accountability. We wish to know under which budget line or vote will the President fund this body? To tell the members that they should not concern themselves with the sources of the resources undermines the laws and procedures of the public financial management system.
We are of the view that creating such a body, if at all necessary, should be done publicly with a bill taken to the National Assembly to provide the objects and reasons for the body, and legalize its funding, if approved. Such legislation would have provided the functions, powers, structures and incentives for such a body among other issues. None of this was done hence EFSCRJ hereby objects to the creation of the National Muslim Elders Advisory Council. We find no legality for its creation.
Similarly, we find no justification for its creation because there is no religious tension in the Gambia to warrant the creation of this body. There are already the Gambia Supreme Islamic Council and Rawdatul Majalis on one hand, and on the other hand there is the Gambia Christian Council, which are all competent religious bodies to give the President necessary advice without any cost to the state. Furthermore, every Sunday and Friday, religious leaders provide sermons in churches and mosques which avail the President pieces of advice to consider. On every Koriteh, Tabaski, Christmas and New Year’s Day, the President is at liberty to invite religious leaders to give him advice. Above all, there is a ministry responsible for religious affairs as well as a presidential advisor on religious affairs, hence there is no purposeful justification for a permanent advisory council comprising clerics.
We would therefore urge Pres. Barrow once again to uphold good governance principles and standards. When he took his oath of office on 19 January 2022, he swore to uphold the Constitution without fear or favour, ill-will or affection to execute the functions of his office. By these functions, he is duty bound to ensure that his Government and himself as President adhere to the rule of law in the execution of their functions to deliver necessary goods and services to Gambians, diligently and efficiently. This is his task for which he does not need a religious council to advise him.
Section 100(2)(b) states that the National Assembly and the President shall not make any law to establish any religion as state religion. This provision is explicit enough that there is a separation of religion and state. Section 25(c) states that everyone has the right to practise any religion and to manifest such practice. What these provisions indicate is that even though Gambians belong to religions, the State does not belong to any religion but only to protect the right to worship. To create an Islamic religious advisory body would have to require the creation of a counterpart Christian religious advisory body as well to ensure impartiality and neutrality. Therefore, the country does not need any religious institution within the state at the behest of the President.
We strongly advise Pres Barrow to refrain from acts that seek to politicize religion and to corrupt and manipulate religious leaders for the purpose of entrenching himself in power. It is a dangerous game for politicians and people in power to fraternize with the clergy with the intention to perpetuate oneself in power while undermining the rule of law and ignoring corruption.
At the same time, we advise our religious leaders especially Islamic leaders to remember that they stand to lose reputation and credibility if they jump in the wagon with the state. The evidence of such a tragedy took place not more than 10 years ago when Yaya Jammeh got involved with imams. Many innocent imams were harmed while those who went to bed with Jammeh faced criticism and lost credibility in the eyes of Gambians. At the worst case scenario, by associating with politicians, in the long run imams stand to generate and entrench division, corruption, dictatorship, and conflict in the country.
Finally, we urge the Cabinet members especially the Minister of Justice, as well as the President’s advisors to properly guide the President on the path of constitutionalism and democracy. They have both a legal and moral duty to advice the President to steer this country on the path of good governance, peacebuilding, and national unity. The decision to create a National Muslim Elders Advisory Council is unnecessary, irrelevant, unjustified, and illegal.
2025: The Year of Transparency and Accountability
