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Momodou
Denmark
11734 Posts |
 Posted - 20 Oct 2010 : 10:30:38
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Foroyaa Editorial: MR. PRESIDENT WE ARE CONFUSED ABOUT YOUR SYSTEM OF GOVERNMENT
By Publisher on 19-10-10
Mr President, Good Governance calls for Government based on the Rule of Law. Whether you know it or not your declarations are being taken as law. Very recently, we heard it broadcast over the air that the portfolio of governors has all been moved from the Ministry for Local Government and Lands and placed under the office of the President.
Section 123 of the Local Government Act does state very clearly that, “a Governor shall be answerable to the Minister” for Local Government and Lands. How could you make the Governors to be directly under the office of President without amending Section 123 of the Local Government Act?
Mr President, some prices of commodities have been mentioned by you. Once you mention it some have had the tendency to misinterpret it as the law. It is therefore necessary for your Government to change its practice of issuing statements before legal processes are taken to make the announcement have the backing of law.
The Constitution is quite clear that certain declarations and proclamations could have the force of law. This is clearly stipulated under Section 100, subsection (8) of the Constitution, which states that, “Nothing in this Section shall prevent an Act of the National Assembly from conferring on any person or authority the power to make subsidiary legislation.”
It is therefore absolutely clear that authority is derived from an Act or law enacted by the legislature and any subsidiary legislation made under an Act. It is therefore not accurate for a Minister to give the members of the Supreme Islamic Council the impression that they have legal authority to issue proclamations. This paper has high respect for our traditional and religious leaders. We would like to advise them to distinguish persuasive authority from statutory authority. Statutory authority is provided for by law. Governments are not permanent and different Parties could be voted into office. It is therefore prudent not to act arbitrarily under any circumstances even if one is guaranteed protection by an existing Government and thus frees oneself from civil suits.
The Interpretation Act states that :
“Where an Act confers on any authority to make subsidiary legislation, the following provisions shall have effect with reference to the making and operation of such subsidiary legislation, unless a contrary intention appears-
“c) no subsidiary legislation shall be inconsistent with the provision of any Act”
This is why we mentioned Section 123 of the Local Government Act regarding the Governors.
Secondly, Paragraph d): “Subsidiary legislation shall be published in the Gazette and shall have the force of law upon such publication thereof or from the date mentioned therein.”
It is therefore clear Mr. President that before any proclamation you made could have the force of law, the Act authorising you to make the proclamation should be quoted and the proclamation should be published in the Gazette before it is announced to come into force.
We hope from now onwards no announcements would be made without the publication of the proclamation in the Gazette.
Source: Foroyaa
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