Thursday, January 27, 2022

Under What Circumstances Can The President Establish A Commission Of Inquiry?


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The President is empowered to establish a Commission of Inquiry under the following circumstances as provided by section 202 of the Constitution:

(I) The President may, whenever he or she deems it advisable,  issue a Commission appointing  one or more Commissioners and authorising  such Commis­sioners to inquire into-

(a)   the conduct of any public officer; 

(b)   the conduct of any District Seyfo or Alkalo;

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(c)      the  conduct  or management of any  department  or authority  of the public  service  or any  local  government  authority  or  Public  Enter­prise; or

(d)     any  matter  whatever  arising  in  The  Gambia  in  which  an  inquiry would, in the opinion of the President, be for the public good.”

Subsection (3) of this section states that the proceedings shall be held in public:

“Except as may be ordered by the presiding Commissioner in the interest of public  morality,  public safety  or public order, the proceedings of a Commis­sion of Inquiry shall be held in public:

Provided that the presiding Commissioner shall be entitled to exclude any particular person or persons for the preservation of order.”

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