In their application, they sued the Attorney General and Minister of Justice, requesting the Supreme Court to declare that the amendment of Section 32 of the Women’s Act of 2010 along with the insertion of new Sections 32A and 32B under the Women’s (Amendment) Act No. 11 of 2015, contravenes the 1997 Constitution of The Gambia.
They argued that the amendments are inconsistent with Sections 17(1) and (2), 25(1)(c), 28(1) and (2), 32, and 33(2) and (3) of the Constitution, and are therefore ultra vires, null and void.
Secondly, the plaintiffs were seeking an order from the apex court to strike out Sections 32A and 32B of the Women’s (Amendment) Act No. 11 of 2015, so that only Section 32 of the original Women’s Act of 2010 would remain.
Thirdly, they are requesting a declaration that the National Assembly acted beyond its legislative authority in passing the 2015 Amendment, and that the Act is void and of no effect ab initio for its inconsistency with the aforementioned constitutional provisions.
At the first hearing of the case, State Counsel Akawoo raised a preliminary objection, stating that the Supreme Court lacked the jurisdiction to hear the matter.
“This Court does not have the jurisdiction to hear and determine matters relating to the interpretation or enforcement of Sections 17 to 33 of the Constitution. The suit is otherwise incompetent,” he argued.
He maintained that human rights issues fall exclusively within the jurisdiction of the High Court.
“I, therefore, seek for the case to be struck out with costs,” he submitted.
In response, Counsel Lamin J. Darboe, representing the plaintiffs, requested time to respond to the State Counsel’s submission. The application for time was granted, and the case was adjourned till 9 April 2025.
