Mr President, there is widespread criticisms of some of the amendments, and there are allegations that parts of the 2020 draft constitution were plagiarised from the Kenyan constitution. Nonetheless, some Gambians believe that the new draft is well written and beneficial for all.
Given the different views among Gambians on the draft constitution, it is fundamental for the government to consult with thevarious stakeholders, civil society, the Gambia Bar Association, and political leaders to reach a consensus on finalising the recently gazetted draft.
A prominent Lawyer, Lamin Darboe, highlighted on QTV that “the government does not have the mandate to unilaterally insert changes, and by doing so, it has seriously flouted the document with no broader political or social consensus. The draft is not a government document; key players like the civil society and political leaders must be associated. Since the draft constitution of 2020 was rejected, the document becomes a national document but not for the government”. It is now the responsibility of the Minister for Justice and his team to address the amendments made without any consultation.
Mr President, in a democratic system, it is normal for a constitution to be imperfect, and for people to have different views on a draft. From the legal perspective, the recently gazetted draft contains several amendments that have been criticised by legal experts and civil society activists, who believe that these changes favour the government rather than the nation as a whole.
As a member of ECOWAS, The Gambia was among 12 out of 15 member states that signed the two-term agreement in Accra, Ghana, on 1st July 2022. Three member states – Togo, Ivory Coast and Senegal –did not sign it. It is important that the Gambia honours the commitment made by signing this agreement.
Mr President, in the draft constitution, we must have a two-term limit of 4 or 5years, and for a president to be elected, he or she should have over 50% of the votes as many African countries do.
It is also important to remind you to avoid overstaying in power, as doing so could jeopardise your political career. When you were re-elected in December 2021, you expressed to the press that “I am a fan of term-limit, the lack of term limits is one of the problems in Africa’s governance and security”. It is vital to uphold this belief and leave office honourably.
Do not listen to sycophants who may encourage you to remain in power; they are doing so in self-interest. As a leader, many people would continue to deliver a panegyric on you and your government, which may not be good for you. By respecting term limits, you stand to benefit from international recognition and respect, potentially receiving international assignments, and even winning the Mo Ibrahim Prize of US$5 million, awarded to African leaders who leave office democratically and in good faith.
Mr President, another important issue to address is filling the two vacant ministerial positions. On July 15, 2024, two ministers left office. These are Haddijatou Sey, who resigned from the Ministry of Basic and Secondary Education due to her dual citizenship, and Ousman Bah, who was relieved of his duties as Minister of Communications & Digital Economy. It is crucial that you expedite the process of finding replacements for these two positions in order to serve the best interest of the nation.
Good day!