Cons- 231

(3)

For the purposes of this Constitution, a person shall
not be regarded as holding an office of emolument
under the Government or in the service of The
Gambia by reason only that he or she is in receipt of
a pension or other like benefit in respect of his or
her service in an office under the government.

(4)

for the avoidance of doubt it is hereby declared that
any reference in this Constitution to the functions of
the President includes reference to his or her
functions as Commander- in Chief of the Armed
Forces of the Republic.

(1)

titution of various
powers

Where any power is conferred by this
Constitution to make any proclamation, order,
regulation, rule or pass any resolution or give any
direction or make any declaration or designation, it
shall be deemed to include the power, exercisable in
like manner and subject to like conditions if any, to
amend or revoke the same.

(2)

Where any power is conferred by this Constitution
on person or authority to do or enforce the doing of
any act of thing, all such powers shall be deemed to
be also given as are necessary to enable that person
or authority to do or enforce the doing of that act or
thing.

(3)

No provision of this Constitution that any person or
authority shall not be subject to the direction or
control of any other person or authority in
exercising any functions under this Constitution
shall be construed as precluding a court from
exercising jurisdiction in relation to any question
whether or not such person or authority has
performed those functions in accordance
with this Constitution or any other law
(4)

Where under any provision of this Constitution any
person or authority is authorised or required to exercise
any function after consultation with any other person or
authority, the person or authority first referred to shall
not be required to act in accordance with the advice of
that person or authority.

(5)

Without prejudice to the provisions of section 167, but
subject to the other provisions of this Constitution, the
power to make any appointment to a public officer
includes the power to dismiss any person so appointed.

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