Thursday, January 27, 2022

Could Government Be Separated From The President?


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After the Supreme Court decision, a discussion has engulfed them, the media practitioners and concerned persons, on whether the President of the Republic could be separated from the Government of the Republic. Foroyaa’s answer to this question is very simple. The two are inseparable in law.

The evidence is as follows: Section 230 of the Constitution which provides the interpretation provisions states as follows:

“Government” means the executive Government of The Gambia.”

Section 76 of the Constitution states that, “The executive power of The Gambia is vested in the President and, subject to this Constitution, shall be exercised by him or her directly or through the Vice-President, Minister or officers responsible to him or her.”

Hence one cannot separate government and president. We hope a lively debate will be stimulated by retention of sedition as a criminal offence when it involves executive power even though a president must contest election and may be removed if people are dissatisfied with his/her manner of government.

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