By Melville Robertson Roberts Esq
Few laws in our Republic have been as tested, both domestically and internationally, as Section 5 of the Public Order Act. This single provision has been dragged through the courts of The Gambia, scrutinised under the lenses of the 1997 Constitution, and even placed before the ECOWAS Court of Justice in Abuja.
Yet despite all the noise, despite the endless debates, the outcome has been clear and consistent: Section 5 of the Public Order Act is not inconsistent with either the African Charter on Human and Peoples’ Rights or our 1997 Constitution.
The Ecowas Court, in Lawyers for Human Rights (Gambia) v. Republic of The Gambia (2017), firmly held that Section 5 does not violate the African Charter. The Supreme Court of The Gambia, in the landmark case of United Democratic Party (UDP) & Ors v The State (SC Civil Suit No. 1/2015), reached the same conclusion: Section 5 is consistent with the Constitution.
These rulings are not mere opinions, they are binding law. And once the Supreme Court has spoken, no authority is higher in interpreting our laws.
Here lies the truth that many conveniently ignore: our Constitution itself anticipates regulation of rights. Section 24 of the 1997 Constitution lays down that rights are to be exercised subject to the law, and it makes clear that no right is absolute.
Freedom of expression, freedom of assembly, freedom to demonstrate, yes, they exist, but they must be regulated in the interests of public order, morality, security, and the rights of others. To claim otherwise is to mislead our people into equating liberty with anarchy.
Now, let us be frank. The law itself has passed every judicial test, but the implementation has not always been beyond reproach. The broad discretion given to the Inspector General of Police (IGP) to grant or refuse permits has too often been seen as a tool for political convenience. This is where reform is urgently needed.
The law must never be used to stifle dissent, muzzle opposition voices, or silence citizens who speak truth to power. It is the abuse of the law, not the law itself, which Gambians must guard against.
What troubles me most is the misconception surrounding the Public Order Act. Many of our youths, fueled by social media slogans, have been made to believe that the law is inherently oppressive. That is false.
Every serious nation on earth has laws regulating protests and public assemblies. The United States requires permits. The United Kingdom requires prior notice. Senegal, Nigeria, Ghana, all regulate assembly. Why then should The Gambia be different?
What we need is reform, not reckless repeal. We must amend the Act to ensure balance, protecting the citizen’s right to assemble while safeguarding national security and public order.
To the youth of The Gambia, I say this: you are the beating heart of our democracy, but do not let yourselves be deceived into thinking that laws exist solely to suppress you. They exist to protect society from descending into chaos.
Demand fairness, yes. Demand transparency, yes. But do not reject regulation itself, for without it, your rights and mine would collide violently.
To the Government of The Gambia, I say this without hesitation, has the courage to defend the laws of this Republic. Stop caving in every time social media roars. Our democracy cannot be reduced to Twitter hashtags and Facebook tantrums. The Public Order Act, for all its flaws, is a necessary instrument of governance. Defend it. Amend where necessary. Reform where abuse exists. But do not abandon it.
If we allow mob pressure to dictate our legal order, then truly, we will have surrendered our sovereignty,not to the will of the people, but to the loudest noise on the streets and online.
