Mai Fatty has slammed President Barrow’s latest civil service appointment as “unconstitutional”. 

President Barrow on Wednesday appointed Nuha Touray as Secretary General and Head of the Civil Service. He replaced Muhammed Jallow who retired after reaching the statutory age of 60 years. 

Mr Fatty, an opposition leader and former special adviser to President Barrow, said the appointment “failed the constitutional test” on the appointment of the head of the Civil Service.

“Section 168 (1) of the Constitution prescribes the mode of appointment of the Head of the Civil Service. It also delineates who is eligible for the position,” Mr Fatty wrote on a Facebook post on Tuesday.

“The language is plain, direct and unambiguous. The person must be a serving member of the public service, and not outside the public service. Section 166 (1) of the Constitution defines what constitutes the public service in The Gambia, and it includes the civil service. 

“The President’s new appointee, IS NOT ‘a person holding an office in the Public Service on permanent terms’, and by law cannot be appointed to the position of Head of the Civil Service.

“However, the President may still keep his new appointee on the condition that he first appoints him into the public service on permanent terms. 

“Subsequently, he could elevate him with an appointment as Head of the Civil Service the next day or same day if he so wishes. It may raise ethical issues but would certainly be lawful. 

Mr Fatty added: “So far, available evidence suggest that this was not done. I request the President to regularize the status of Mr. Touray in compliance with Sections 61 (2) & 168 (1) of the Constitution, except if Mr. Touray retains his position in The Gambia’s public service, while simultaneously serving as an employee of the ECOWAS Commission in Abuja. 

“I understand that President Barrow is not a lawyer, and should seek legal guidance on such matters to avoid preventable embarrassment.”

He said he had nothing against the new Head of Civil Service, Nuha Touray. 

“I know Mr. Touray very well, and I have alot of respect for his ability to deliver. Given his qualification and vast experience in the public service, Mr. Touray’s competence is not in doubt.”