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Except of constitutional provision on civil or criminal proceedings of Gambian president

Nov 26, 2021, 10:20 AM

1) Except as provided in subsection (2), no civil or criminal proceedings shall be instituted or continued against any person while holding or performing the functions of office of President in respect of anything done or omitted to be done by him or her whether in an official or a private capacity.

(2) Nothing in subsection (1) applies to an action for a declaration under section 5 (enforcement of the Constitution), and any proceedings under that section against the President or a person performing the functions of that office shall be brought against him or her by his or her official title or style, and he or she shall appear, and be represented by, the Attorney General.

(3) After a President has vacated the office or President-

(a) no court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as President;

(b) a criminal court shall only have jurisdiction to entertain proceedings against him or her in respect of acts or omissions alleged to have been perpetrated by him or her while holding office as President if the National Assembly has resolved on a motion supported by not less than two-thirds of all the members that such proceedings are justified in the public interest.

(4) Where a person who has ceased to hold or perform the functions of President is a party to any legal proceedings, any period during which such person was immune from proceedings under this section shall not be counted for the purposes of applying any rule regarding the limitation of actions.

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