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Momodou
Denmark
11644 Posts |
 Posted - 02 Nov 2021 : 13:15:31
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quote:
Here is a career officer serving as deputy inspector general of The Gambia police force totally ignorant of the constitution, the laws governing the police and police procedures themselves . How can this happen in a modern democracy? He is effectively saying Presidential meddling in law enforcement is both lawful and obligatory of the police to enforce . He should not spend one day wearing the uniform . This guy should be gone ASAP together with the other deadwood holding the police back undermining public confidence in an institution vital to personal and national security. We need the leadership of the Police to be trained professionals including legal specialists who understand the law and their important role in enforcing it as part of the constitutional arrangements that anchor our democracy.
Karamba
Deputy IGP says executive orders are considered laws
The Standard: NOVEMBER 2, 2021
By Tabora Bojang
https://standard.gm/deputy-igp-says-executive-orders-are-considered-laws/
Momodou Sowe, the deputy Inspector General of the Gambia Police Force, has said executive orders, which only emanate from the president, are considered as laws whether in writing or verbal.
DIGP Sowe made these remarks during an interview with The Standard on the sidelines of a 3-week training for police officers on crime scene investigation, forensic imaging and sexual and gender-based violence at a local hotel in Bijilo.
Asked about allegations that the police are often politicised by the government through the issuance of executive orders with political motives, Sowe said while it is not in line with the mandate of the police for officers to engage themselves into partisan politics, all executive orders are considered to be laws unless interpreted otherwise by the courts.
“Executive order only comes from the president and nobody else. Remember every Gambian votes in for the president and under the constitution the president has powers and when there are situations that he knows definitely require an executive attention, he has a constitutional mandate to give directives and whatever the executive says and does is law,” DIGP Sowe said.
He cited the introduction of Covid-19 emergency measures as a reference when the president announced restrictive measures including curfew and lockdowns to curb the spread of the pandemic.
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“An executive order is a law whether or not it favours anybody. If the president gives directives, it is law and if he writes, it is law. These are some of the things that people do not understand because of the society that we have.”
Asked if the police would still consider executive orders if they are not in line with the constitution, DIGP Sowe replied: “Well it is not up to us to interpret that but the courts. You see, we [the police] don’t write laws we only enforce them.
The police represent everybody. It is the people who gave us contracts and we are serving the people. The politicians will come and find us here and they will go and leave us here.”
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11644 Posts |
Posted - 04 Nov 2021 : 11:07:46
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Executive Directive is NOT Law
By Madi Jobarteh
The Deputy IGP Momodou Sowe needs urgent education to know that the so-called executive directives issued by the President are no law in any form or shape or colour. Far from it. Thus it is hugely concerning that the deputy head of the police would say such a thing publicly in this Standard newspaper story.
The Constitution is very clear as to who can make law and how law is made in The Gambia and what are the laws of The Gambia.
Section 100 gives legislative power to the National Assembly, which passes bills first and then assented to by the President. But even where the President disagrees with a bill passed by the parliament, that bill can still become law if the National Assembly so wishes by a certain number of votes. Therefore the President cannot make any law on his own in anyway. Only the National Assembly can do that.
Section 101 stipulates the process of law making which is through the presentation of bills from the Cabinet or NAMs. The Standing Orders provide that a National Assembly committee can also submit a bill.
Section 7 lists the sources of laws of The Gambia. While ‘orders’ are listed as one of the sources of law but it states that such ‘order’ should be “by a person or authority under a power conferred by this Constitution or any other law.” But there’s no law that makes or classifies ‘executive orders’ as law.
Section 76 grants only executive power to the President but not legislative power. Executive power is essentially a law enforcement role or service delivery or protection and fulfillment of rights, as set out in the Constitution and laws of The Gambia. Hence the written or spoken words of the President are no law. They are mere statements of information or instructions for enforcement of laws, or delivery of services or protection of rights, within the confines of the rule of law.
Therefore, The Gambia Police Force must consider the words of the President in that context only and not take them as law. The President’s words must be within the law and not outside of the law. In that case, such executive orders are illegal and should be ignored by the Police.
Furthermore, and more importantly, both the Constitution and the Police Act does not state in anyway that the police is under the command and control of the President. Section 178 establishes The Gambia Police Force and there’s no provision that puts the police under the command and control of the President. Rather Section 6 of the Police Act makes the IGP to have full “command, superintendence and direction of the Force.”
In fact, in both the Constitution and the Police Act, there’s no provision that has given any power to the President to appoint any police officer including the IGP. It is a mere common practice that the President has been the appointing authority for the IGP but this is not based on law. Both the Constitution and the Police Act give oversight over the police to the National Assembly, while the Minister of Interior has only advisory and consultative role with the police.
It is therefore important for DIGP Sowe and indeed all police officers to familiarize themselves adequately with the Constitution, the Police Act and its subsidiary legislations so that they are fully aware of their powers and obligations. The laws of The Gambia only envisage a highly efficient, professional and accountable police force that’s dedicated to maintaining law and order as set out in Section 4 of the Police Act.
For The Gambia Our Homeland |
A clear conscience fears no accusation - proverb from Sierra Leone |
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DIGP says executive orders are considered law
