Gambians must brace themselves for a future crisis if this cabinet-drafted constitution passes with its current text on presidential term limits. In Section 5 of Schedule 5 on ‘Transitional and Consequential Provisions’ the Cabinet has provided this text on the ‘Term of Office of Incumbent President’:
“The person duly elected President of The Gambia prior to the effective date and serving in office as at the effective date shall be the first President of the Third Republic of The Gambia and shall continue to hold the Office of President in accordance with the provisions of this Constitution.”
Of course, it is basic knowledge that the president in power at the start of the Third Republic will be its first president. But when does the presidential term limit itself begin exactly? The provision did not say that thereby making it the cause of a future political turmoil in this country. The provision is totally meaningless yet severely controversial.
Does the term limit begin during the term in which the constitution comes into force (suppose that is before 2026) or does the term limit start after the current term (i.e., 2021 – 2026). In other words, if the constitution is approved in a referendum in 2025 does that mean Pres. Barrow, who was re-elected in 2021 will be serving his first term up to 2026 or that his first term would instead start at 2026? That is what the draft should establish but woefully failed to do so.
With this provision, it is effectively opening the gates to any kind of interpretation. That is, if the constitution comes into force before 2026, will Pres. Barrow be able to stand in the 2026 elections or will 2026 be the end of his two terms given that he was elected in 2017. Otherwise, will he say his first term 2017 – 2021 does not count, and even 2021 to 2026 would also not count because that was when the new constitution came into force? Will this therefore mean Barrow will claim that his first term should start in 2026, which also makes him eligible to stand in 2031 for his second term? If he wins all these elections, it means he will have served 20 years as President just like Jammeh!
Already the Minister of Information Ismaila Ceesay and presidential advisor Saihou Mballow have said that Barrow’s first term started in 2021, and not in 2017. They said 2017 – 2021 was not to be counted as Barrow’s first term because that was the term of the coalition government. Judging from this narrative, it appears the drafters of this Cabinet draft constitution are eyeing 2026 to be the start of Barrow’s first term after already serving for 10 years in office.
Therefore, they have cunningly crafted the above provision thereby playing a dangerous game of interpretation on Gambians which may end up at the Supreme Court hopefully to rule in Barrow’s favour. This game has not started with The Gambia but has been the story around West Africa for a while.
History recalls when Senegal’s former Pres. Wade sought a third term in 2012 amidst deadly riots across Dakar. Wade was first elected in 2000 and re-elected in 2007. In 2008 he conducted a constitutional referendum to reduce the presidential term from seven to five years. Because of that referendum, Wade said therefore he was eligible to stand in the 2012 elections because the new constitution had reset his tenure. Amidst the chaos he ran to the constitutional court of Senegal which approved his candidacy for a third term.
Next it was Macky who was first elected in 2012 after defeating Wade, and then re-elected in 2019. In 2016, Macky also triggered a constitutional referendum. Since then, he insisted that his first term under the old constitution should not be counted. Unfortunately for him, unlike Wade there was a strong political movement, PASTEF, with strong leaders which mobilized the masses in unending protests. After attempting every means to silence Senegalese people unsuccessfully, Macky was forced to concede in July 2023 not to seek a third term in March 2024. Because of him tens of Senegalese were killed and millions destroyed.
The same scenario unfolded also in Côte d’Ivoire where President. Alassane Ouattara was first elected in 2010 and then re-elected in 2015. In 2016, he carried a constitutional referendum which got approved and immediately said his first term does not count because the constitution came into effect in 2016. He also went to the supreme court which ruled in his favour that the new constitution in 2016 had reset his presidency.
We saw another attempt in Guinea where former Pres. Alpha Conde sought a third term by manipulating a constitutional referendum in 2020. Conde was first elected in 2010, and again in 2015. Like Wade, Sall and Ouattara before him, Conde also claimed his first term under the old constitution did not count as the 2020 referendum had reset everything anew. Once again, he went to the constitutional council which ruled in his favour. Unfortunately for him, after winning the 2020 election for his third term, in September 2021 the military overthrew him.
In Senegal, Guinea, and Côte d’Ivoire like similar places across Africa, incumbents have used referendums and new constitutions to entrench themselves in power. As a result, they cause massive bloody protests and deadly riots in which hundreds of lives would be lost while millions of damages in properties thereby further exacerbating insecurity, polarization, corruption, and poverty in their countries.
Is this what we are going to face in the Gambia too thanks to this Cabinet constitution? Another political impasse after having gone through one terrible experience in 2016/17 when tinpot dictator Jammeh refused to hand over power.
I hereby alert NAMs and indeed all citizens to this extremely dangerous provision which must be re-written to bring definite clarity that the presidential term should begin in 2017. The year 2017 was the end of the dictatorship and the beginning of the hard-fought and hard-earned liberation of the people for democracy. This Cabinet constitution is intended to entrench self-perpetuation in power which must be rejected. No Gambian should serve as president for more than 10 years.
