Kemo Bojang, Youth Councillor, KMC and Alagi Mamadi Kurang
By Buba Gagigo
The legal representative for Mr. Kemo Bojang, Nominated Youth Councillor at the Kanifing Municipal Council, has called for the immediate removal of Mr. Alagi Mamadi Kurang from his role within the Commission of Inquiry into Local Government Councils and Connected Matters.
In a letter addressed to the Attorney General and Minister of Justice, Abdoulie Fatty, Esq., acting on behalf of Mr. Bojang, alleged that Mr. Kurang’s conduct as a financial analyst and investigator for the Commission jeopardizes its impartiality. The letter highlights concerns over Mr. Kurang’s active presence on social media and in television interviews, where he has reportedly made comments relating to witnesses, testimonies, and ongoing investigations.
According to the letter, Mr. Kurang has allegedly been sharing daily excerpts from Commission hearings on social media, presenting witnesses in a negative light. Counsel Fatty argues that these actions violate constitutional and legal provisions that mandate commissions of inquiry to conduct “full, faithful, and impartial” investigations.
“We write on behalf of Mr. Kemo Bojang, Nominated Councillor for Youth at the Kanifing Municipal Council. Our client is a witness before the Commission of Inquiry into Local Government Councils and Connected matters established under Legal Notice No. 7 of 2023 and under Chapter XVIII of the Constitution of the Gambia and the Commission of Inquiry Act, Cap 30:01.
“Our Instructions are that Mr. Alagi Mamadi Kurang, currently employed with the Commission as a financial analyst/investigator has been publicly active on various social media platforms and television interviews, making statements that relate directly to witnesses, testimonies, and matters under investigation. In particular, Mr. Kurang daily posts on social media extracts of Commission hearings, which seeks to present witnesses in a negative light.” the letter states.
The letter underscores the significance of impartiality in the inquiry process, referencing Section 202 of the Constitution, which requires commissions of inquiry to conduct “full and impartial” investigations. Additionally, Section 7 of the Commission of Inquiry Act reinforces this principle, emphasizing the need for an unbiased process.
Counsel Fatty noted that Mr. Kurang plays a critical role in preparing and submitting investigation reports that influence the direction of the inquiry. His alleged partisan commentary, therefore, poses a direct threat to the fairness of the Commission’s work.
“The Constitution, under Section 202, explicitly mandates that a Commission of Inquiry shall conduct a “full and impartial investigation” into the matters for which it is established. The Commission of Inquiry Act underscores this principle of impartiality. Specifically, Section 7 requires that Commissioners make a full, faithful and impartial inquiry.
“It is our client’s understanding that Mr. Kurang is a pivotal officer in the preparation, review and submission of investigation reports to the Commissioners, which influence the course of the inquiry.
As such, Mr. Kurang’s publicly partisan statements and accusations regarding matters before the Commission are clear breach of these provisions, compromising the objectivity and impartiality required by his position, thereby undermining the impartiality and credibility of the inquiry.” the letter states.
The letter also includes samples of Mr. Kurang’s social media posts and public statements as evidence of the alleged misconduct.
Citing Section 4 of Legal Notice No. 7 of 2023, which grants the Attorney General authority to appoint officers within the Commission, the letter demands Mr. Kurang’s immediate removal to safeguard the integrity of the inquiry. It further warns that failure to act on this request within seven days will result in legal proceedings challenging both Mr. Kurang’s appointment and the legitimacy of the Commission’s proceedings.
“Under Section 4 of Legal Notice 7 of 2023, the Attorney General appoints all officers in the Commission. In the circumstances, we demand the immediate removal of Mr. Kurang from his role within the Commission of Inquiry to preserve its impartiality and integrity.
We hope that this request will be addressed expeditiously. Due to the importance of this issue, if there is no response to this request within seven days of today’s date, we will have no choice but to initiate legal proceedings to quash his appointment and challenge the legality of the commission’s proceedings having regard to the taint of his participation.” Counsel Fatty warned.
As of now, there has been no official response from the Attorney General or the Commission.