By Omar Bah
Human rights activists Sait Matty Jaw, Madi Jobarteh, Pa Samba Jow, and Baboucarr Nyang have filed a lawsuit against the Clerk of the National Assembly, justice and finance ministers over the alleged illegal tabling of the 2025 budget.
The legality of The Gambia’s 2025 budget scrutiny for allegedly violating the 1997 Constitution. The budget was submitted on November 15, failing to meet the required 60-day notice before the fiscal year ends. The finance minister attributed the delay to donor consultations and salary adjustments, but this explanation did not satisfy many lawmakers and activists.
In a writ of summons obtained by The Standard, the four plaintiffs are seeking a declaration that the decision of the National Assembly to permit the Minister of Finance and Economic Affairs to table the 2025 Estimates of Revenue and Expenditure beyond the constitutionally mandated timeframe constituted a contravention of Section 152 (as amended) of the Constitution.
They also want an order nullifying and declaring the late submission of the 2025 estimates as unconstitutional, illegal, and therefore null and void.
The activists also seek a declaration that any proceedings, decisions, or actions taken by the National Assembly or any other authority in relation to the 2025 Budget laid outside the constitutionally prescribed timeframe is of no legal effect.
Justifying their reasons for litigating, the plaintiffs argued that they are Gambians interested in the rule of law, democratic values, and good governance in the public life of the country and acting as watchdogs against abuse of power and authority by those entrusted with public power.
They argued that Section 5 (1) of the Constitution gives them the standing to initiate this kind of action to enforce the Constitution.
The court has ordered the defendants to file a response within 21 days after receipt of the statement of the plaintiffs.
