By: Fatou Krubally
The National Assembly Member for Latrikunda Sabiji, Hon. Yaya Sanyang, has firmly rejected the FPAC committee’s recommendation to reprimand a company lawyer and secretary, arguing their roles do not legally or factually justify such disciplinary action.
He came up with the rejection during the debate on the report of the Finance, Public Accounts Committee (FPAC) held on Thursday.
Hon. Sanyang defended the professional duties of company lawyers and secretaries, stressing that their primary responsibilities are administrative, not decision-making. He explained that the formation of companies in The Gambia is handled by legal practitioners whose job is to process incorporation formalities, prepare documents, and secure necessary certificates.
“The committee’s recommendation to reprimand the company lawyer for allegedly influencing board decisions is unjustified,” he said. “There is no way a company lawyer or secretary can influence the commercial decisions of the board.”
Hon. Sanyang highlighted that company secretaries are mandated to organise meetings, ensure quorum, and record proceedings under Section 237 of the Companies Act. He dismissed the idea that either a lawyer or secretary could dictate or sway a board’s substantive business choices.
“It is legally and factually incorrect to assume that the company secretary influenced board decisions,” he added, urging the committee to review its recommendation and avoid punishing professionals who simply carry out clearly defined duties.
He concluded by reiterating that the role of a company secretary is purely to facilitate, not to influence, corporate decisions.