Bakary Badjie, one of the former Kanifing Municipal council Mayoral aspirants has identified two steps which can happen before the Independent Electoral Commission (IEC) can declare a Council seat vacant to announce a by-election.
His remark was due to the Brikama Area Council (BAC) Chairmanship tussle after the expulsion of the sitting Chairman Sherifful Sonko from the UDP.
Has disclosed by Bakary Badjie, “the two steps that must happen for IEC to declare a Council seat vacant and announce by-election are occupant resigned, died, recalled by electorates, council resolution that went through a Tribunal or lost membership to party and right authority notifies IEC.”
He noted that in the current local governance system, authorities of councils are placed in the “General Council” and not on an individual.
According to him so for one to be able to take such an authority in the case of BAC, especially with the CEO excusing himself from this issue, he/she must have the backing of the majority of Council members as he learnt that the deputy chairman wrote a second letter, this time with attached signatures of some Councilors, just like Sonko did.
He pointed out that in the day of ex-president Yahya Jammeh when he expel NAMs from APRC, it was the Clerk of the National Assembly who used to write to IEC to formally notify them of vacancy at the assembly – that was clearly stipulated.
“The Local Government Act requires a two-third council membership support in removal of Chairperson when he/she abuses office or incapacitated, and a tribunal set up by the Minister of Justice founds the accusation valid.
The Act also stipulates processes for removal when recalled by electorates. But because losing party membership was hastily added there in June 2015, the process was never outlined. I believe this is what makes it difficult for IEC to make a decision”, he said
He added: “Chairman Sonko might have lost his seat but who is the “authority” to notify the Electoral body?”
