The 1997 Constitution remains the supreme law of The Gambia. Government, Parliament, the Judiciary and citizens are bound by it. Where its provisions have become outdated or unnecessarily restrictive, the democratic response should not be creative interpretation designed to accommodate particular circumstances. The appropriate response is lawful amendment.
Our recent history provides useful lessons.
When the constitutional age qualification became an impediment to the appointment of Mrs Fatoumatta Jallow-Tambajang as Vice President, the issue demonstrated that constitutional provisions written for one political era can become obstacles in another. The solution was ultimately legislative and constitutional reform—not pretending that the restriction did not exist.
The same principle applies to economic development and public health.
The experience involving the Medicines Control Agency/medicines regulatory framework and InnovaX Global Health raises another important policy question. If existing pharmaceutical legislation or regulations unnecessarily prevent appropriately regulated medicines manufactured for the United States market from entering The Gambia, National Assembly examined and modernised and amended the legislation accordingly.
Our regulatory system must protect Gambians from unsafe medicines while simultaneously allowing access to reputable global pharmaceutical supply chains.
But legislation should be amended transparently and in the national interest—not circumvented for an individual transaction.
Today, a similar debate surrounds the qualifications for the office of Chief Justice.
Section 139 of the 1997 Constitution prescribes qualifications for appointment to the superior judiciary and expressly uses the concept of a “common law country.” The Constitution further provides that a common-law country includes a Commonwealth country or a country outside the Commonwealth prescribed by an Act of the National Assembly. (Law Hub Gambia)
This distinction matters.
The contemporary legal world is considerably more interconnected than it was when many of our legal structures were conceived. Highly accomplished Gambian lawyers now practise in the United States and other jurisdictions outside the traditional Commonwealth legal family.
If existing legislation prevents otherwise exceptionally qualified lawyers from such jurisdictions from practising, serving on our superior courts, or being considered for the highest judicial offices, then the national conversation should be straightforward:
Should we amend our laws to widen the pool of excellence available to The Gambia?
If the answer is yes, then let Parliament legislate.
Indeed, Section 139 itself provides a constitutional pathway for Parliament to prescribe qualifying non-Commonwealth common-law countries.
The current debate over the Chief Justice demonstrates precisely why legal certainty matters. The Gambia Bar Association recently took the position that the proposed candidate did not satisfy its interpretation of the constitutional qualification requirements. That position concerned constitutional eligibility rather than the individual’s professional competence or integrity.
Mr President, this brings us to the larger question.
The need to revisit the 1997 Constitution is paramount.
A Constitution must provide stability, but it must also remain relevant to the society it governs. Almost three decades after 1997, The Gambia has changed. Our democracy has changed. Our economy has changed. Technology, healthcare, investment, international mobility and the legal profession have changed.
We should therefore undertake constitutional reform not to accommodate personalities, but to strengthen institutions.
Interpret the law as it is. Amend it where necessary. Apply it equally. And never allow expediency to become a substitute for constitutionalism.
That is how a Republic governed by the rule of law earns and retains the confidence of its people.
Good Day - Mr President