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Hon. Sallah seeks reintroduction of Draft Constitution at Assembly

Dec 15, 2020, 11:48 AM | Article By: Alagie Baba

Halifa Sallah, the lawmaker for Serrekunda has moved a motion asking the speaker of the National Assembly to allow him to make a motion seeking to reintroduce the draft constitution bill which was previously rejected by the National Assembly.

The bill was seeking to introduce a new constitution which if it passes the stage of referendum shall replace the 1997 Constitution. 

Hon. Sallah wanted the speaker to exercise her discretion and allow him to move a motion for the National Assembly to rescind its decision on the draft constitution so that it will be brought back. 

According to Hon. Sallah, Standing Order 8 states that when matters are not expressly provided for by the Standing Orders, any question of procedure or order, shall be decided by the speaker. He said the decision of the speaker should be based on the constitution, statute, precedents, custom and practice of the Assembly and precedents, custom, procedure and practice of other jurisdiction to the extend where applicable to the Assembly. 

He further states precedents make it permissible to move a motion to rescind a decision made during a session as it had happened during the first ordinary session of the 2020 Legislative Year.

He said the constitution, procedure, statute and precedent have not made it impossible to make a motion to rescind decision during a preceding session at a subsequent session.

"I therefore move, honourable speaker, that you exercise sound discretion and grant me to move a motion for this August Assembly to rescind its decision not to support the second reading of the bill entitled the Constitution of The Gambia 2020 Promulgation Bill and thus, avail the National Assembly a fresh opportunity to scrutinize and consider the Bill in a profound and comprehensive manner with the single mindedness of purpose that will consolidate the yielding of an outcome that is in the supreme interest of the nation," Sallah said.

"I just received this document and I would like to have enough time to determine the motion," Deputy Speaker Sanneh said deputising for the speaker.

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