Justice Minister Tables 2024 Draft Constitution in Parliament

Justice Minister hands over 2024 Draft Constitution to Clerk © National Assembly

By Yusef Taylor and Edward F. Dalliah

The Justice Minister, Hon. Dawda A. Jallow, tabled the 2024 Draft Constitution in Parliament for its First Reading on Monday, 23rd December 2024. The 2024 Draft Constitution was gazetted in August this year; however, it faced criticism from political party leaders and civil society advocates, who argued that there was a lack of consultation in the promulgation of the 2024 Draft Constitution, with some claiming that it was not "fit for purpose."

The 2024 Draft Constitution was initially scheduled for it’s first reading on 27th November, with the second reading scheduled for 21st December. However, this was revised in a Parliamentary Agenda which rescheduled the first reading to 23rd December and eliminated the second reading from Parliament’s Agenda.

With citizens expecting the bill to be tabled in November, a pressure group called the Coalition of Progressive Gambians held a protest, marching from Bond Road to Parliament’s first gate, where they handed over a petition to the Deputy Speaker, Hon Seedy S K Njie, the Majority Leader, Hon Billay Tunkara, and the Solicitor General, Hussein Thomasi. The petition called on the government to set aside the 2024 Draft Constitution and promulgate the widely consultative 2020 Draft Constitution.

Rejection of the 2020 Draft Constitution

President Adama Barrow came to power in 2016 with the promise of a new constitution. This led to the establishment of the Constitutional Review Commission (CRC), which was tasked with consulting Gambians and drafting a new constitution.

After spending over D120 million and two years of work, the 2020 Draft Constitution was eventually tabled in Parliament in September 2022 before members of the Fifth Legislature. However, during the second reading, the 2020 Draft Constitution was killed by members of the Fifth Legislature after members aligned with the President refused to support the bill from progressing to the Committee Stage.

After the rejection, the Executive amended the 2020 Draft Constitution to promulgate the 2024 Draft Constitution, which critics have labelled the Barrow Papers.

A poll issued by Afrobarometer in August 2024 highlighted that 51% of respondents disagree or strongly disagree with Parliament’s decision to reject the 2020 Draft Constitution, while only 29% agree or strongly agree with Parliament’s decision.

In addition, 67% of respondents agree or strongly agree that the 2020 Constitution should be reintroduced for amendment while only 14% strongly disagree or disagree.

This highlights that Parliament voted against citizens demand for the 2020 Draft Constitution, which they still want to be reintroduced for amendments. In addition, a large 71% of respondents believe that The Gambia needs a new constitution, while only 24% believe that The Gambia doesn’t need a new Constitution.

Justice Minister Hon Dawda Jallow far right © Askanwi

First Reading Concluded

Back to the parliamentary proceedings, the first reading lasted only a few minutes, beginning with the new Clerk of the National Assembly, Mr. Khalipha Mbye, announcing, “Bills, Order 65, First Reading of the Constitution of the Republic of The Gambia Promulgation Bill 2024 by the Hon. Attorney General and Minister for Justice”.

In response, the Speaker of the Sixth Legislature, Hon. Fabakary Tombong Jatta, referenced Order 65 and invited “the Hon. Attorney General and Minister for Justice, that’s the person in charge of the bill, to hand over a copy of the bill to the Clerk of the National Assembly, who will read aloud the short title whereon the bill shall be deemed to have been read a first time”.

The Justice Minister, Hon. Dawda Jallow, proceeded to hand over a copy of the bill to the Clerk of the National Assembly, who then announced “the Constitution of the Republic of The Gambia Promulgation Bill 2024”.

In response, Speaker Jatta explained that “the next stage of the Constitution of The Gambia, Promulgation Bill 2024, will be appointed during the next ordinary session for the person in charge of the Bill to move a motion for the second reading in accordance with order 66 (2) …”

After this, the Speaker moved on to the next Parliamentary agenda, which was the third reading for the Nutrition Bill 2024, which was moved by the Vice President.

Commitment to a New Constitution?

Pollsters, Afrobarometer, asked respondents if they believe that the ruling party, NPP, is committed to a new Constitution or if the opposition, UDP, is committed to a new Constitution. At this stage, the 2024 Draft Constitution was not Gazetted, highlighting that the Constitution referred to in this question was the 2020 Draft Constitution.

Respondents highlighted that 34% of those asked believed that the opposition is more committed to a new Constitution as opposed to 27% who believe that the ruling NPP is less committed to a new constitution. Generally, less than half of respondents believe that neither the ruling party nor the opposition are committed to a new Constitution.