FactCheck: Justice Minister Claims Diaspora Must Be Demarcated Before Being Registered

President Adama Barrow on the left and Justice Minister Hon Dawda Jallow on the right © Askanwi

By Yusef Taylor, @FlexDan_YT

The debate over Gambians abroad gaining voting rights took center stage in Parliament as the Minister for Justice, Hon. Dawda A. Jallow, clarified an amendment to Section 88 of the 1997 Constitution. Speaking to lawmakers on 4th March 2025, he stated that the Constitution allows for 'at least 53' elected members, meaning no amendment is needed to register Gambians living overseas. However, his claim that constituency demarcation is required before registration has sparked debate among pro-Diaspora Vote advocates. So, does the law actually mandate demarcation before registration? Here’s what the facts say.

Claim: According to the short video shown above, Hon. Dawda A. Jallow told members:

"My attention has been called by my colleague here. The 2015 amendment, which increased the Assembly from 48 at the time to 53, made use of the words at least. So, it's at least 53. This means the number of constituencies can be increased without necessarily amending Section 88. However, demarcation must still happen in order to register."

"Compliance with Section 39 is mandatory. It has to comply with Section 39. The Diaspora has to be demarcated before any registration can take place."

Fact Check: Our research revealed the signed Constitution (Amendment) Act 2015, Act No. 18 of 2015, which amended Section 88 (1) of the 1997 Constitution on 30th December 2015. The document referenced in this article is signed and assent to by former President Yahya A. J. J. Jammeh and also signed by then Clerk of the National Assembly, D. C. M. Kebbeh.

According to this Act, Section 88(1) is amended in paragraph (a) by substituting the words "forty-eight members" with "at least fifty-three members."

This means that the amended Section 88(1)(a) of the 1997 Constitution reads:

"The National Assembly shall comprise at least fifty-three members elected from the constituencies demarcated by the Boundaries Commission."

This indicates that the first part of the Justice Minister’s claim is correct. However, his other claim that "demarcation has to happen in order to register" Gambians living abroad warrants further examination.

Constitution (Amendment) Act 2015 signed and certified copy.

Constitution (Amendment) Act 2015 signed and certified copy.

According to the Supreme Court ruling in the case of Bakary Bunja Darboe and four others vs. the Attorney General and the Independent Electoral Commission (IEC), dated 16th September 2020:

"Pursuant to Section 39 of the Constitution, every Gambian, including those residing outside the jurisdiction, is entitled to be registered and to vote in elections for the office of President, members of the National Assembly, local government offices, traditional rulers, and in referenda."

Additionally, the Supreme Court referenced Section 11(1) of the Elections Act, which the IEC’s lawyers accepted as their responsibility:

"The Commission shall prepare, compile, and maintain, in accordance with this Part, a register of voters for each constituency and a register of Gambian registered voters in foreign countries."

Furthermore, Section 141 of the Elections Act, titled "Power to Conduct Presidential Election in a Foreign Country," provides additional instructions:

"The Commission may make rules for Gambians in any foreign country to vote in a Presidential election."

This law has led pro-Diaspora Vote advocates to argue that the IEC does not need to demarcate constituencies in the Diaspora to register Gambians living abroad. Instead, they believe that Gambians living abroad can be registered within the existing fifty-three constituencies.

However, the law is clear that this provision applies only to Presidential elections. Pro-Diaspora advocates argue that for Gambians abroad to have representation in Parliament, National Assembly constituencies must be established for Gambians living overseas.

Five Diaspora Constituencies recommended to Parliamentarians by MSDG.

Verdict: The Minister of Justice’s clarification that the 1997 Constitution was amended to state "at least fifty-three members" is TRUE. However, his claim that the IEC must first demarcate constituencies before registering Gambians living abroad is refuted by pro-Diaspora Vote advocates.

For now, the Elections Act mandates the IEC to register Gambians living abroad and to establish rules for their right to vote in Presidential elections.