FactCheck: Justice Minister’s False Claim on Diaspora Constituencies Exposed

Justice Minister Hon Dawda Jallow © Askanwi

By Yusef Taylor, @FlexDan_YT

The Minister of Justice, Hon. Dawda A. Jallow, advised Parliamentarians on 4th March 2025, that “the Draft Constitution would have adequately covered some of these inadequacies” regarding constituencies for Gambians living abroad. This statement was made during the consideration of Clause 14 of the Elections Bill 2021.

On the contrary, our constitutional research on the 2020 and 2024 Draft Constitutions shows that constituencies for Gambians living abroad were not included in either of them, indicating that the Justice Minister’s claims are false.

Claim: In the short video above, the Justice Minister informed Parliamentarians:

“I’ll take the historical context. When this bill was presented, there was also a Draft Constitution in progress. It was believed that the Draft Constitution would have adequately covered some of these inadequacies that are contained here.”

“So, if you give them [IEC] the authority now to register the Diaspora, they will still not be able to do it. In light of Section 39, unless they demarcate the Diaspora into a National Assembly Constituency—and for that to happen, they have to amend [Section 88 of] the Constitution.”

Fact Check: Currently, Section 39 of the 1997 Constitution states:

“Every citizen of The Gambia, being eighteen years or older and of sound mind, shall have the right to vote for the purpose of elections of a President and members of the National Assembly and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.”

According to Section 88(1)(a) of the 1997 Constitution, which was amended and assented to by former President Yahya Jammeh on 30th December 2015:

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

Additionally, Section 88(1)(b) mandates the nomination of “five members nominated by the President,” which includes the Speaker and Deputy Speaker. This brings the total number of Gambian Parliamentarians to 58.

Given the precedent set by the Supreme Court’s ruling dated 28th January 2020, in favour of former nominated member Hon. Ya Kumba Jaiteh, who was recalled by current President Adama Barrow, nominated members cannot be recalled by the President.

Analysis of the Draft Constitutions:

Askanwi’s constitutional research shows that the 2020 Draft Constitution sought to eliminate all nominated members but failed to include constituencies for Gambians living abroad. On the other hand, the 2024 Draft Constitution reinstated five nominated members and gave the President the power to recall them.

Key Provisions of the 2020 Draft Constitution (Schedule 3):

The 2020 Draft Constitution, which was rejected by members of the 5th Legislature, provided for 69 elected members, including:

• 53 persons elected from single-member constituencies as demarcated by the Independent Boundaries and Electoral Commission.

• 14 women (two elected from each administrative area).

• 2 persons elected by persons with disabilities.

The above members, comprising all elected members, would include the Speaker and Deputy Speaker, who would also be elected as “the first order of business of the National Assembly after a general election,” according to Section 147(1) of the 2020 Draft Constitution.

Key Provisions of the 2024 Draft Constitution (Schedule 4):

The 2024 Draft Constitution, promulgated by President Adama Barrow’s Cabinet, proposed:

• 53 single-member constituencies.

• 7 women representatives, with seats allocated to political parties that contested the National Assembly Elections in proportion to the number of votes received by each party.

• 2 persons elected by persons with disabilities.

• 5 persons nominated by the President.

In addition, clause 133(2) of the 2024 Draft Constitution states that “the President may recall a nominated member in the National Assembly before the expiry of the term of the Assembly.”

Notably, the 2024 Draft Constitution halved women’s representation, reinstated nominated members, and empowered the President to recall them—effectively giving the President control over 7% of the 67 Parliamentarians before elections.

Verdict:

The constitutional provisions in both Draft Constitutions do not address the issue of constituencies for Gambians living abroad. In fact, the main difference between the 2020 and 2024 Draft Constitutions lies in the issue of nominated members.

• The 2020 Draft Constitution aimed to eliminate all nominated members and increase women’s participation.

• The 2024 Draft Constitution reinstated nominated members, gave the President the power to recall them, and reduced women’s representation.

The Justice Minister’s claim that the Draft Constitution would have addressed the deficiencies surrounding constituencies for Gambians living abroad is therefore FALSE.