Halifa Sallah’s Open Letter To The President.

“Mr President, I have decided to write this open letter to you so that the whole nation will bear witness that those who should speak have spoken at the right time to prevent the integrity of our national institutions from being imperilled. You would agree with me, without any fear of being accused of subduing to any predilection, that the president of a country whose government speaks the language of integrity must never conduct himself or herself in a manner which brings or is likely to bring his or her office into contempt or disrepute. This is a fundamental principle of good governance that entertains no prevarication. Duty has now called for all Gambians to defend what is reasonable and justifiable in a democratic society and you should not be found wanting in providing the appropriate remedy in respect for the letter and spirit of the Constitution.Mr President the Office of Auditor General provides the guards and fences to ensure that funds from the consolidated fund are withdrawn and spent in a lawful manner and that all public assets are properly managed and secured. This is why Section 160 Subsection (7) of the Constitution asserts: “In the exercise of his or her functions under this Constitution or any other law, the Auditor General shall not be subject to the direction or control of any other person or authority.” The Office of Auditor General should be protected from the encroachment that happened on 15th September, 2025. What happened is unreasonable and unjustifiable in any democratic society.Both the state and Mr Ceesay’s legal counsel have informed the public that he has been occupying the office of Auditor General based on integrity and competence. The state further asserts that he was appointed as minister because of his competence. The evidence that no one is disputing is that he has humbly declined the offer of appointment as minister.Allow me to put the irrefutable facts in evidence. Mr President, Section 158 of the Constitution states in subsection (3):“Before assuming the functions of his or her office, the Auditor-General shall take and subscribe the prescribed oaths.”According to your own terms and condition, Mr Ceesay has been appointed Auditor General. He has subscribed to the prescribed oath. He therefore remains in the office of Auditor General until he vacates the office as dictated by the Constitution.The question now arises: When does the Auditor General vacate his or her Office?According to subsection (4),“Subject to the other provisions of this section, a person holding the office of Auditor-General shall vacate his or her office when he or she attains the compulsory retirement age or upon the termination of his or her appointment by the President.”Furthermore, subsection (5) stipulates:“A person holding the office of Auditor-General may be removed from office only for inability to perform the functions of his or her office (whether from infirmity of mind or body or from any other cause) or for misbehaviour or incompetence.”Mr Ceesay has not reached retirement age. His services has not been terminated by the President. He is not removed for misbehaviour or incompetence. In fact, because of his competence, he is appointed to the rank of Minister.If he declines the offer before a swearing ceremony conducted to ensure assumption of office, the substantive holder who has not vacated his office to leave it vacant should remain in his post without any wrangling, unless there is another motive that is yet to be revealed”

Source: Foroyaa