Four Civil Society Advocates File Lawsuit for Late Tabling of 2025 Budget

Minority Leader approaches Speaker on tabling of 2025 budget © Askanwi

By Yusef Taylor

Four Gambian Civil Society Advocates have filed a lawsuit against the state in the Supreme Court against the Finance Minister’s alleged failure to table the 2025 budget as mandated by the amended 1997 Constitution today, 19th December 2024.

The twelve-page Writ of Summons received by Askanwi lists four civil society advocates, namely Sait Matty Jaw, Madi Jobarteh, Pa Samba Jaw, and Baboucarr Nyang, as plaintiffs in the case. Meanwhile, the Clerk of the National Assembly, the Minister of Finance and Economic Affairs, and the Attorney General are listed as defendants in the case.

Their main bone of contention is over “the matter of sections 5(1)(a)(b), 94, 127(1), and 152 (as amended) of the 1997 Constitution” and “the matter of sections 21 of the National Assembly (powers and privileges) Act and Order 8 of the Standing Orders of the National Assembly.”

Filed by Lawyers Salieu Taal and Abdoulie Fatty in the Supreme Court, the Writ of Summons calls for four reliefs detailed verbatim below:

1. A declaration that the decision of the National Assembly, through the Speaker, to permit the Minister of Finance and Economic Affairs to table the 2025 Budget Estimates of Revenue and Expenditure beyond the constitutionally mandated timeframe constitutes a contravention of Section 152 (as amended) of the Constitution.

2. An order nullifying and declaring the late submission of the 2025 Estimates of Revenue and Expenditure as unconstitutional, illegal, and therefore null and void.

3. A declaration that any proceedings, decisions, or actions taken by the National Assembly or any other authority in relation to the 2025 Budget laid outside the constitutionally prescribed timeframe are of no legal effect.

4. Such further or other order as this Honourable Court may deem fit to make.

The 2025 budget was only passed earlier this week, Monday, 16th December 2024; however, if the four advocates are to win this case, it could bring the government to a standstill, especially if the court were to rule that the 2025 budget was null and void. This would force the government to consider another plan to fund its activities in 2025.

Section 152 of the 1997 Constitution was amended after a Private Members Bill by Hon. Alhagie Mbowe of Upper Saloum was passed back in 2023, extending the time the President had to cause the Finance Minister to table the Budget from 30 days to 60 days before the end of the year.

This meant that the budget should have been tabled on the last day of October 2024; however, Finance Minister Hon Seedy S. Keita tabled the 2025 budget on 15th November 2024, which prompted the Minority Leader, Hon Alhagie S. Darbo of Brikama South, who doubles as the Chairperson of Parliament’s Finance and Public Accounts Committee, to move a motion labelling the laying of the 2025 budget as "unconstitutional.”

The Finance Minister was forced to apologize for this and cited numerous reasons, including salary increases that could not be agreed upon with partners, leading to additional discussions with partners from the World Bank and the International Monetary Fund as the reasons for the delay.

After the Speaker of the Sixth Legislature, Hon. Fabakary Tombong Jatta, warned the Finance Minister not to repeat the error, he allowed Hon. Keita to proceed with tabling the 2025 budget and read out his statement, after which the session was adjourned.

Finance Minister Tables 2025 Budget © Askanwi

It can be recalled that Askanwi first blew the whistle in an article asking the question “Has the Finance Minister Failed to Table the 2025 Budget Estimate According to the Amended 1997 Constitution?” published on 2nd November 2024, just days after it should have been tabled on the last day of October 2024.

Askanwi proceeded to cover the chaotic tabling of the 2025 budget and reported on the proceedings, which almost resulted in the 2025 budget not being tabled. However, due to the Speakers demand for only an apology, the 2025 budget was eventually tabled on 15th November 2024 and passed by Parliament on 16th December 2024.

The law suit filed against this decision argues that “the Plaintiffs contend that the Speaker, suo moto, has no power or authority to extend the constitutionally prescribed time-frame. As a consequence, it is the Plaintiffs’ case that the said action/decision is in breach of Section 152 of the Constitution as amended by the Constitution (Amendment) Act, 2023 (No. 7 of 2023) and thus need to approach the Court for enforcement of the Constitution.”

The defendants now have twenty-one days after the service on them to file a statement of the defendant’s case.

Askanwi will continue to report on this case, which is filed at the Supreme Court.