How can the draft constitution 2020that failed to pass in parliament in 2021, be amended to become the Amended Bill 2024? The public believe that the draft constitution 2020 has been tailoredto become the Amended Draft 2024 by the Barrow administration only to cling onto power contrary to the wishes of the people expressed in 2016. The changes were not transparent as the media, CISOsand Political Parties were not openly consulted as the MoJ claims. It is ironic that the Minister name a lot of people in the international organization present in the Gambia as stakeholders. These international organizations are our partners in development but not citizens of the Gambia who could decide on behalf of the citizenry as stakeholders.
The review and amendment exercise to promulgate the Amended Bill 2024 in replacement of the 1997 Constitution and the ongoing gazetteprocessto introduce in parliament after mid November 2024, for a referendumis not in accordance with the 1997 Constitution of the Gambia. Section 226. Alteration of this Constitution(1) Subject to the provisions of this section, an Act of the National Assembly may alter this Constitution.(2) Subject to subsection (4), a bill for an Act of the National Assembly under this section shall not be passed by the National Assembly or presented to the President for assent unless—(a) before the first reading of the Bill in the National Assembly, the Bill is published in at least two issues of the Gazette, the latest publication being not less than three months after thefirst, and the Bill is introduced into the National Assembly not earlier than ten days after the latest publication;
An Act of parliament for the review should have been in place to mandate and outline the process before it started after 2020 as the Constitutional Review Commission Act 2017 Act discontinued less talk of the Consultation process was mostly behind closed doors. On completion of the Amended Bill 2024 by the Executive and its selective participants, it was announced on a letter dated 14th August, 2024 to be on gazette from this date for a period of (3) months and subsequently for another (10) days as required by the 1997 constitution on their letter. The Executive drafters after copied and pasted the Constitutional Review Commissions Draft2020 which they widely criticized for plagiarism and amended as suitable for the Barrow administration, introduced as a new bill labelled “Re-gazetting of the draft constitution for public review and tabling before the National Assembly ” as if a continuation of the discontinued CRC.
This Barrow’s Drafted versionnamed “(PROMULGATION) BILL, 2024 A BILL FOR AN ACT to promulgate the Constitution of the Republic of The Gambia, 2024 and repeal the Constitution of the Republic of The Gambia, 1997 and for related matters. ENACTED by the President and the National Assembly. This Bill may be cited as the Constitution of the Republic of The Gambia (Promulgation) Bill, 2024”. This statements, In contradictions, to the CRC Act 2017, The Executive could not clarify whether is a new beginning for new constitution or a continued process of the CRC 220 which in any case is not in line with the rule of the law.
During the press conference, the Honorable Minister Jallow sought to mislead the public with unjustified clarifications as to why this unconstitutional constitution building impasse. His lack of clarity did make matters worse, chaotic and contradicting to his initial introductoryremark.The minister struggled to put together the points as they were merely a statement to read but not well thought off. Despite the two Honorable Ministers tried very hard to keep it progressive, acts of discontent on the Amended Draft constitution 2024 persists throughout the questions time which simply signaled the craving for the 2020 Draft Constitution.
ConstitutionalReview Commissionconducted consultation with the Gambians at home and the Diaspora leaving no one excluded with a mandate by the National Assembly the CRC Act 2017 and costed over D116 million. The Ministers defended the crafting of the Barrow’s 2024 version but did not justify through which mandate was the amended draft 2024 be promulgated. The Minister Jallow stated the miscalculation on their side on the promise of a possible referendum by December, that put themin the indefensible situation leaving him wide open to more critics.
The 2020 Draft constitution had some contentious issues such as the Secularism, Dual Citizens in elected office, Citizenship by naturalization,reduced executive powers, retroactive term limits of the president. However, the executive after three years made many changes in the draft constitution 2020 that caused public outcry. According to a recent survey by Centre for Research and Policy Development 67% of Gambian prefer the Draft Constitution 2020, 71% wants a new constitution to replace the 1997 constitution. 86% wants a term limits and majority said not more the two terms. 24% wants the 1997 which in my recollection was amended 54 times in the 22 years of AFPRC/APRC.
It should be noted that, this sample research did not only reflect the failure of the Adama Barrows Amended Draft 2024 Version before the end of its untimely and unconstitutional gazette according the 1997 Constitution section 226 but also the fall of the National Peoples Party with or without term limit. This Amended Draft 2024 does not meet the aspirations of the Gambian people and does not meet the standards of modern democracies. The main commonalities in the two draft constitutions that the people want are the 50+1% to win for the presidency and the term limit among the most contentious issues.
In 2016, 60% of the voters did not vote for Former President Jammeh, Gambians removed Jammeh without a constitutional term limit and for over 50 plus one percentto win.All it took was Gambians forming a formidable force and unseat him democratically.Since the beginning of Barrows presidency, he renege from election agreements in a bid to stay forever with unlimited powers. President Barrow often reference the Late Sir Dawda Jawara’s 30 years and Former President Jammeh’s 22 in power.
According the point newspaper, the Gambia was among the West African countries who signed for a two terms limit in Accra April 2022 regardless of a Constitutional provision. This commitment I wish he uphold and take the position of the “Father of the Nation” on his own accord given that, base on scientific realities, the votes are not in his favor.
President Adama Barrow, should not take the Gambian for granted, and must advise himself of the recent political instabilities that happened in Africa particularly Senegal and Kenya. A two-term limit of five years each term with retroactivity should have never been an issue for a three years initial election in 2016 by the coalition. The 23 anti- draft constitution 2020 National Assembly members of the 5th Legislature,did not refer fully to section 100 (2) (C) 1997 Constitution (the National Assembly may pass Bills designed to have retroactive effect). If this section was sincerely adapted, the wish to stay in power longer than two terms will not be a topic today.
In my view, the constitutional review process by the executive did not comply with the principle of good governance which includes transparency, accountability, respect for rule of law and citizens participation. The amended draft 2024 is predominantly self-perpetuating in power for President Barrow giving little or no regard to the separation of powers.
Master Dodou A.B. Ndow
Political and Social
Analyst, Rights Advocate.
