02/08/2024
If someone stole a car and is being pursued in court for theft. If he suddenly returns the car to avert court conviction, should he still be sentenced for stealing.
Or
If someone adducts a girl and he is being prosecuted for the act and he suddenly returns the victim,does that undo the crime to the extent that no prosecution is possible
I am not a lawyer but such questions evade my mind following the reappointment of Governors whose appointments have been challenged in court as unconstitutional.
To prevent any court verdict that may embarrass the Government, all the Governors' were redeployed to the Civil service. This way the Government thought it can dribble the legal system by bringing them back after a brief stint in the civil service to make the legal suit against them irrelevant.
These maneuvers confirms the illegality of their first appointment and goes to show the reckless character of this Government in appointing political stooges in important civil service positions. The same strategy was use when the appointment in to the civil service of political elements was challenged in court. They all eventually resigned from their party while the case is still in court.
These legal administrative blunders can only be characteristics of an incompetent government or a government that has no regard to align it's actions with existing laws .There is no scarcity of legal minds in the Attorney Generals office yet Government continue to ignore proper research in the adhereance of laws and ridicule them selves in the process.
Imagine Imam Baba Leigh ,a member of the human rights commission, appointed as member of a commission of enquiry again. The whole ministry of Justice couldn't figure out the illegality of this appointment. It has to take Imam Baba Leigh to write a lengthy letter highlighting the illegality of his appointment. What a shame.
United Democratic Party will continue to hold you and your Government accountable and employ all legal means to ensure respect for the rule of law. At least your redeployment and reappointment will justify our lawsuits to every Gambian