By Salifu Manneh
I am not a legal authority and have no legal background, but because the Constitution is there for all of us to read and interpret, my understanding of what is stipulated in our Constitution and legislative authorities is fundamental to me.
Our Immigration Authority’s intention to leave our country and its borders completely—and attempt to issue ID cards to Gambians abroad—poses many unanswered questions.
First and foremost, what drives such a wasteful, unnecessary, and uncalled-for action?
Is this truly a national priority?
How and when was this project budgeted for in our national budget?
How did our Immigration Authorities get legal clearance to conduct national ID card issuance on foreign soil?
Could they be breaking the laws of a particular foreign country by conducting Gambian government business abroad?
What roles have the National Assembly, the Gambia Bar Association, human rights organisations, and pressure groups for fairness and transparency played in all this?
Should concerned citizens take this matter to court and seek the Supreme Court’s stance on what may well be an unlawful project?
In expressing my views on the subject, I speak as a layperson exercising my constitutional right to comment on national matters. This is an attempt to share my opinions based on my own reading and understanding of the Constitution.
While searching for a legal opinion on the constitutional implications of issuing national ID cards abroad, I applied critical thinking. I searched for specific sections of our Constitution that may shed light on the Gambia Immigration Authority’s plan to issue national identity (ID) cards to Gambian citizens residing outside the country.
I quickly realised that while the 1997 Constitution of The Gambia does not explicitly regulate the issuance of ID cards, the proposed plan raises serious constitutional concerns—particularly in the upcoming 2026 presidential election. Why initiate such a significant and controversial project now?
What criteria or methods will immigration officials use to determine who qualifies for a Gambian ID card?
How does a paperless Gambian living abroad prove their identity to an immigration officer?
What role will our embassies—headed by President Barrow’s appointees—play in mobilising and coordinating this project?
Will registrations conducted abroad be entered into the Independent Electoral Commission’s (IEC) voter register?
Will it be clearly stated which ID cards were issued abroad and at home?
Why has the Barrow administration approved ID issuance abroad for Gambians in the diaspora but continues to deny us the right to vote?
These questions led me to wonder if a smoking gun is beginning to emerge. Are my concerns about electoral integrity valid?
1. Potential Violation of Electoral Integrity (Section 39).
Section 39(2) of the 1997 Constitution guarantees every citizen of The Gambia of full age and capacity the right to be registered as a voter. National ID cards are a primary requirement for voter registration. Mass issuance of ID cards abroad—especially outside established electoral laws and without institutional oversight—raises the risk of voter register manipulation. This could result in the inclusion of non-citizens, individuals without proper verification, or politically motivated registrants, thereby undermining the credibility of the electoral process.
This is where my concern grows deeper: people who claim to be Gambians—but are not—could gain legal identity without stringent checks and verification.
2. Potential Breach of Equal Treatment under the Law (Section 33):
Section 33(1) of the Constitution states that all persons shall be equal before the law. If the issuance of ID cards abroad is not made equally accessible to all eligible Gambians—or if it disproportionately targets specific diaspora groups—it could amount to discrimination and political bias.
This would violate the constitutional principle of equal treatment under the law. How, when, and where did the government consult all relevant stakeholders before approving a project with profound implications for citizenship and national identity?
3. Lack of Transparency and Oversight:
The Constitution calls for transparency, accountability, and proper checks and balances in public institutions. A plan of this magnitude—especially with potential electoral implications—must be scrutinised by independent bodies such as the IEC and the National Assembly.
Without clear legislative guidance, public consultation, or independent oversight, the plan risks being unconstitutional. Gambians deserve to know how this project came into being and under what legal authority it is being implemented.
4. Risk of Undermining Electoral Sovereignty:
Unregulated issuance of ID cards abroad could be exploited to inflate the voter register and facilitate electoral fraud. The risks include ghost voters, artificially inflated turnout, and manipulated electoral outcomes. Such outcomes would directly undermine democratic principles and the sovereign right of Gambians to choose their leaders freely.
Conclusion: Our National Assembly Members, Gambia Bar Association, Independent Electoral Commission, and human rights organisations—both in The Gambia and abroad—must speak up. We must be informed whether this project is legal or illegal under our Constitution.
While the 1997 Constitution does not explicitly prohibit the issuance of ID cards abroad, the absence of legal, transparent, and equitable frameworks makes the entire project constitutionally questionable. Key provisions at stake include:
Section 39 – The right to vote;
Section 33 – Equality before the law; And; the general principles of democratic governance and transparency.
Unless this initiative is conducted with full legal backing, public transparency, and independent oversight, it could fatally undermine the legitimacy of the 2026 electoral process.
