Lawyer Fatty Questions Political Appointments for Holders of Independent Constitutional Offices

By Fatou Sillah

Lawyer Abdoulie Fatty, secretary general of the Gambia Bar Association, has raised concerns about the appointment of holders of independent constitutional offices to political positions, arguing that while such appointments may be lawful, they risk undermining public confidence in the independence of key state institutions.

Speaking in an interview with Kerr Fatou, Mr. Fatty said he believes officials entrusted with constitutionally protected offices should remain separate from political appointments because of the impartiality their roles require.

“I know this is a purist sort of idea, and some people may think this is too much of a liberal concept, but the idea of even giving a constitutional officeholder a political office doesn’t sit easily with me,” he said.

Mr. Fatty pointed to institutions such as the Office of the Auditor General, the Independent Electoral Commission, the National Human Rights Commission, and the Office of the Ombudsman, describing them as bodies whose credibility depends not only on their actual independence but also on the public’s perception of that independence.

“The independence of these institutions should not only exist, but it should also be seen to exist,” he said.

He warned that appointing officials from such institutions to political office could unintentionally create incentives for future officeholders to consider political advancement while carrying out their constitutional duties.

“What you may begin to create is that if I am Auditor General, I may go easy with the government. I may not do any controversial auditing because I’m thinking, ‘Well, if I play my cards right, I may get a ministerial appointment at some stage,’” he said.

Mr. Fatty emphasized that he was not suggesting constitutional officeholders would deliberately compromise their responsibilities. Rather, he argued that even the perception that independent officials could later be rewarded with political appointments could weaken public trust in their impartiality.

“We want people in these offices to be 150 percent independent, but if there is even a one percent chance that you may get some form of reward in the future, it may begin to undermine your independence,” he said.

He concluded that although such appointments may not breach the Constitution or other laws, they nevertheless raise broader questions about preserving a clear separation between independent constitutional institutions and the political executive.