By Lamin Sillah
Governance & Rule of Law
Overview
Governance and the rule of law form the bedrock of any sovereign state. In The Gambia, however, these pillars are fragile. Citizens, investors, and international partners have consistently expressed concern that while institutions exist on paper, their credibility, independence, and enforcement capacity remain deeply compromised.
A state that cannot guarantee the enforcement of its own laws or politicises its institutions for short-term survival exposes itself to risks that transcend politics: economic stagnation, social disillusionment, and eventual security breakdown.
Current state of governance
1. Weak enforcement of judicial decisions
Multiple rulings from the ECOWAS Court of Justice remain unenforced.
Domestic court orders are often ignored, with ministries and security agencies acting above the law.
Citizens lose faith when even expensive legal victories yield no tangible results.
2. Politicisation of justice institutions
The Ministry of Justice and other enforcement bodies are frequently accused of selectively applying the law.
High-profile cases with political implications remain unresolved or quietly dropped.
3. Commissions of inquiry as theatre
Public inquiries (TRRC, Janneh Commission, Local Government Commission) raised hopes of accountability.
Yet, many recommendations are unimplemented and perceived as political leverage tools rather than impartial justice mechanisms.
4. Lack of transparency
Court rulings, contracts, and key policy decisions are rarely fully published.
Opaque governance feeds rumours, weakens public trust, and fuels political manipulation.
Risks
1. Institutional collapse
If courts are repeatedly ignored, they risk becoming irrelevant.
Once the rule of law collapses, mob justice, crime, and corruption fill the vacuum.
2. Investor flight
No credible investor will place capital where contracts and court judgments are not respected.
The perception of Gambia as a “high-risk jurisdiction” is already spreading in financial circles.
3. Public disillusionment
Citizens disengage when justice is seen as a privilege for the powerful.
This disengagement drives apathy, migration, or crime.
4. Sovereignty erosion
Weak domestic enforcement opens the door for foreign actors (Senegal, Turkey, the EU, and China) to dictate terms in contracts and diplomacy.
Impact assessment
Likelihood: High – these patterns are entrenched.
Impact: Severe – justice failure undermines every sector (economy, politics, security).
Overall risk: Severe
Recommendations
1. Court Enforcement Unit
Establish a special enforcement directorate within the judiciary, empowered to implement court judgments against ministries and SOEs.
2. Transparency framework
Publish all ecowas and High Court rulings online, with enforcement status updates.
Mandate publication of all major contracts (ports, oil, fisheries, SOEs).
3. Meritocracy in appointments
Introduce minimum qualification requirements for Presidential Advisors, SOE board members, and senior civil servants.
End the culture of rewarding loyalty over competence.
4. Commission reform
Shift from ad hoc commissions to a Permanent Accountability Office with powers to track, implement, and report on commission recommendations.
5. National civic education Campaign
Rebuild trust by teaching citizens their rights, responsibilities, and the role of institutions.
Use community radio, schools, and social media to promote respect for law and civic duty.
Strategic Outlook (2025–2030)
Reform path
If enforcement and transparency mechanisms are strengthened, The Gambia can restore credibility, attract investors, and rebuild public trust.
Stagnation path
If selective justice continues, institutions will weaken, and justice will remain a political tool.
Collapse path
If rulings remain unenforced and patronage entrenches, citizens will abandon faith in formal justice altogether, fuelling vigilantism, corruption, and instability.
