The independent Electoral Commission (IEC) has asked President Adama Barrow to restrain the National Audit Office (NAO) and Gambia Police Force (GPF) from interfering with the Commission’s work, something it said is “seriously affecting their work.
In a leaked letter addressed to President Barrow on October 3 and seen by this medium, the IEC said that if the two institutions are not restricted from what they said was “interference” with the Commission’s work, the body’s ability to conduct elections could be undermined.
“I wish to inform your excellency that if action is not taken to curb interference with the performance of the functions of the Independent Electoral Commission, it will seriously undermine the ability of the electoral body to conduct public elections in The Gambia.
“Your Excellency, without credible elections, no one can assure democracy, freedom, peace, and security in the country,” read the latter.
The Gambia Police Force announced on October 15 that it was investigating queries raised in NAO’s Special Audit Report. It asked for patience and cooperation during the investigation and assured us it would be conducted with “professionalism and integrity.”
According to the latter, the IEC, led by the Chair, Alieu Momarr Njie, had appeared twice at the Fraud Squad of The Gambia Police Force in Banjul, where “the whole deliberation centered on the Audit Report or queries emanating from that Report.”
“Again, on Tuesday, October 1, 2024, two (2) officers from the said Police Fraud Squad visited the office of the Independent Electoral Commission. Their mission is to take statements and obtain some documents from the Independent Electoral Commission. In effect, it appears that the police intends to embark on a criminal investigation of the activities of the Independent Electoral Commission,” said the latter.
The Special Audit Report revealed some “serious” transparency gaps and breaches of sections of the Constitution and Public Finance Act by the IEC, including payment of funds exceeding 300 million dalasis relating to election expenses to the private bank accounts of Returning Officers (RO) for their respective regions.
“Your excellency, it is, therefore, in the public interest and in the interest of national security that the National Audit Office and The Gambia Police Force are restrained in their actions towards the Independent Electoral Commission immediately. They should follow due process and the Constitution. Otherwise, it could jeopardize the peace and tranquility of the people of The Gambia,” said the statement.
The Commission said it had never experienced interference from the executive or its organs throughout the Jammeh regime, adding that the former regime’s “non-interference with the performance of its functions” gave it international recognition.
It said, ” Many electoral commissions in Africa had to conduct study tours here to learn from The Gambia’s experience.”
The IEC acknowledged that the Auditor-General has the power to carry out a Special Audit of any public body, but it argued that the report of such an exercise should be presented to the Finance and Public Accounts Committee of the National Assembly, relying on Section 160(8) of the Constitution.
“I am not convinced and certainly do not accept that the Independent Electoral Commission is subject to the control of the Auditor General or The Gambia Police Force in exercising its functions under the constitution,” IEC argued in the latter.
