COMMENTARY

Speaker FJC’s impartiality questioned

By D. A. Jawo

Like all Gambians concerned about the deteriorating human rights and governance situation in the country, I have been following the raging debate between the United Democratic Party (UDP) and the Speaker of the Gambian National Assembly, Fatoumatta Jahumpa Ceesay (FJC) regarding whether or not a UDP parliamentarian has been suspended by her for using “abusive” language against members of the Executive.

In a press release issued by the Speaker and widely broadcast on GRTS, reacting to a statement earlier issued by the UDP, she accused Hon. Babanding Daffeh of “using abusive languages (sic) to public officers who cannot defend themselves in the National Assembly.”

While we have not been told what Daffeh said during the debate to warrant the Speaker to “rudely” interrupt him and then ask him to sit down, which eventually prompted Hon. Daffeh to walk out of the House, his actions were no doubt, normal parliamentary practice, which is to walk out when aggrieved by anything.

In fact, we are told that the first person to walk out that day was the Member for Wuli West, Hon. Sidia Jatta after he also, was “rudely” interrupted and asked to sit down and desist from criticising the president.

We are also told that when Daffeh was walking out, the Speaker told him to everyone’s hearing that he was suspended, which was carried in the media, and that was no doubt, the impression he had which prompted the UDP to issue their protest statement.

While the Speaker is quite in order to defend the rights of those outside the House from undue criticism when they do not have the right to respond to such criticisms, she definitely does not have the constitutional right to prevent MPs from criticising the Executive, including the President, during debates. She should understand that when MPs criticise the President or any particular Minister, they are not doing so in the personal capacities of the office holders, but the offices concerned. If MPs are prevented from ever criticising the President or Cabinet members just because the holders of such positions are outside the House, then that would tantamount to the legislature not being allowed to perform its duties, which of course include monitoring and putting in check the excesses of the Executive. How can parliamentarians do that if they have no right to criticise members of the Executive?

In real democratic countries, we have separation of powers in which the executive, the legislature and the judiciary operate in parallel, carrying out checks and balances on each other. However, in the case of The Gambia, it is quite evident that the executive is supreme to the other two branches and officials of both the legislature and the judiciary seem to operate at the behest of the executive rather than operating in parallel.

Indeed, everyone had expected the Speaker of the National Assembly to be above politics when it came to playing his or her role as Speaker, both inside and outside of parliament. However, the very fact that Speaker FJC was quoted describing the UDP response as a “calculated move by the same rejected or failed political parties to mislead the Gambian people” was a clear indication that she was far from an impartial and honest broker as expected from a National Assembly speaker.

In a subsequent press conference in reaction to the UDP statement, Speaker FJC was again quoted saying, among other things; “whether they like it or not, I am APRC and I will be APRC until I die. I will support President Jammeh until I die. If people say I am a sycophant or call me a griot of President Jammeh, let it be. I am happy to be his griot. Other countries in the world are crying to have a leader like President Jammeh.”  She even went further to say that “The government under the present leadership has prioritised education and the Gambian public is more enlightened now than ever before and cannot be misled by unscrupulous politicians or failed political parties.”

The above statement alone tells quite a lot about the political mindset of the Gambian Speaker and as such, it is hard to see how she can play an impartial role in the National Assembly.

With regard to the Speaker and deputy Speaker of the National Assembly being a constitutional requirement to be selected from amongst nominated members instead of from the elected members, it also tells quite a lot about the intentions of those who put such a provision in the Constitution. It is quite obvious that it was merely meant to ensure that the Executive has the free hand to determine who becomes speaker so that they would continue to wield unchallenged power to control and manipulate what goes on in the legislature.

Otherwise, it is unfair and undemocratic for the head of the executive to be given the power to handpick who becomes leader of the legislature. This would definitely only happen in The Gambia and in no other country, which claims to be democratic. This is no doubt why the speaker seems to only entertain praise singing to the President and the Executive but she would not hesitate to prevent any member who attempts to criticise President Jammeh and his government.

Indeed, everyone had expected that particular provision of the Constitution would have been among the first that members of the National Assembly would repeal when they were elected, but the very fact that a majority of them not only seem to be happy with it but would even go as far as defending it, shows how much they have accepted playing second fiddle to the Executive. It also tells quite a lot the type of condescending legislature we are endowed with in this country.