Dear Editor,
EFSCRJ learns with immense grief and disappointment that the National Assembly voted down the right to vote for Gambians in the diaspora. The right to vote constitutes citizenship in a republic. One-person-one-vote is a classic definition of independence and citizen sovereignty.
This is why the Constitution states in Section 1(2) that the “sovereignty of the Gambia resides in the people of the Gambia”. This is unqualified for all citizens. So long as a citizen has attained the age of voting, one has the right to vote wherever you are. It is our vote, which is our will and power to determine who should represent our people and how this country and its affairs are governed. Thus, the issue is not where one lives, but a question of how to make every Gambian vote, i.e., to have a say in the governance and development of this country.
Section 26 of the Constitution guarantees the right of Gambians to take part in the conduct of public affairs through their chosen representatives. The right to vote has been further entrenched in Section 39(1) of the Elections Act. In this Act, Section 11 mandates the IEC to register all Gambians including to “prepare, compile and maintain…, a register of voters for each constituency and a register of Gambian registered voters in foreign countries.” Furthermore, Section 141 of the Elections Act states, “The Commission may make rules for Gambians in any foreign country to vote in a presidential election.”
From the foregoing, it is clear that the intention of the 1997 Constitution and the Elections Act is for Gambians everywhere to register and to vote in the elections of the country. Therefore, EF Small Centre holds that the decision by the National Assembly to expunge Clause 14 out of the Elections Amendment Bill, hence deny diaspora voting is unconstitutional and illegal. For that matter, their decision is totally null and void and has no effect.
We recall further that the Supreme Court had ruled in 2021 that Gambians abroad could register and vote in all national elections including referenda, presidential, National Assembly and Local Government elections. The matter was brought before the highest court jointly by former Vice President Bakary Bunja Dabo, Cherno M Njie, Pa Samba Jow, Jeggan Grey-Johnson and Sidi Sanneh against the Independent Electoral Commission and the Attorney General.
We therefore find it utterly misleading and an outright attempt to deny Gambians abroad to vote by saying that the IEC has to first demarcate constituencies abroad. By Section 141of the Elections Act, the IEC is at liberty to put in place any mechanism it deems suitable to ensure that the Constitution and the Elections Act are upheld. Demarcating constituencies abroad
is only one option, the absence of which cannot be a justification to deny Gambian citizens their constitutional right to register and vote. We therefore completely disagree and are hugely disappointed with the Attorney General and Minister of Justice, Dawda A Jallow, for making such a claim. We are of the view that he has misled the National Assembly by wrongly prioritizing the demarcation of constituencies abroad over a constitutional right to vote.
EF Small Centre expected that NAMs, as lawmakers for the Republic will always ensure that the laws of this are country recognise, protect and promote the full rights of all Gambians. We are therefore hugely disappointed in those NAMs who voted against or abstained at the sitting of the Committee of the Whole House at the National Assembly on February 4 thereby denying Gambians who reside outside the country a say in the affairs of their own homeland. By their vote, they have wilfully violated Section 112 of the Constitution which stipulates that NAMS, “shall discharge their duties and functions in the interest of the nation as a whole and in doing so shall be influenced by the dictates of conscience and the national interest.”
EFSCRJ holds that the decision to remove the right of Gambians abroad to vote is unconstitutional, invalid and has no effect. Those who voted against or abstained in this decision must be identified and held accountable for violating the Constitution and the sovereignty of Gambians. Neither the National Assembly, nor the Government and indeed no one has the authority and power to abrogate the sovereignty of Gambians. Attempting to do so is a treason.
Considering this unfortunate vote, we call on the Government, political parties, CSOs and all citizens to demand that the National Assembly immediately reverse this unconstitutional decision and ensure that the right to vote becomes materialized for all Gambians, at home and abroad, immediately. Furthermore, we hereby call on the electorates in the respective constituencies of these NAMs to ensure that they vote them out in the 2028 parliamentary elections. No person deserves to be in the National Assembly who seeks to deny fellow Gambians their sovereign rights.
EFSCRJ shall continue to vigorously hold the National Assembly accountable for their unconstitutional decision and ensure that those NAMs who voted against or abstained do not get re-elected in the 2028 legislative elections.
2025: The Year of Transparency and Accountability.
Madi Jobarteh
Kumbujeh
