IS THE EXECUTIVE REALLY RETAINING A CHAIRMAN OF THE IEC WHOSE TERM HAS EXPIRED AND IF SO WHY?

The Constitution of the Gambia is common property. Section 42 of the Constitution has not minced its words. It states under Sub Section 4 that “…….the members of the Commission shall be appointed for a period of seven years and may be appointed for one further term.”

This means that no member of the Commission could serve more than two seven year terms.This means that no one should remain a member of the Commission for more than 14 years.

This is the simple and ordinary meaning of the provision. The current Chairman has been with the Commission since its inception in 1997. He has been in office for 18 years. His term has expired.

The executive has failed to appoint a successor as a matter of sheer impunity. Hence 2016 is likely to come with increased pressure for the constitution to be respected