- CHAPTER I: THE REPUBLIC
- CHAPTER II: THE CONSTITUTION AND THE LAWS
- CHAPTER III CITIZENSHIP
- 8. Citizens on the Commencement of the Constitution
- 9. Citizen by birth 6 of 2001.
- 10. Citizen by descent
- 11. Marriage To a citizen
- 12. Naturalisation as a Citizen
- 12A. Dual Citizenship of 6 of 2001.
- 13. Deprivation citizenship
- 13. Deprivation citizenship
- 14. Restoration Of citizenship
- 15. Acts of the National Assembly
- 16. Interpretation chapter III
- CHAPTER IV PROTECTION OF FUNDAMENTAL RIGHTSS AND FREEDOM
- 17. Fundamental rights and freedoms
- 18. Protection of the right to life
- 19. Protection of the right to personal liberty
- 20. Protection from slavery and forced labour
- 21. Protection from inhuman treatment
- 22. Protection from deprivation of property
- 23. Privacy
- 24. Provisions to secure protection of the law and fair play
- 25. Freedom of speech, conscience, assembly, association and movement
- 26. Political rights
- 27. Right to marry
- 28. Rights of women
- 29. Rights of children
- 30. Right to education
- 31. Rights of the disabled
- 32. Culture
- 33. Protection from discrimination
- 34. Declaration of state of pubic emergency
- 35. Derogation of fundamental [rights under] emergency powers
- 36. Persons detained under emergency powers
- 37. Enforcement of protective provisions
- 38. Interpretation of Chapter IV
- CHAPTER V: REPRESENTATION OF THE PEOPLE
- CHAPTER VI: THE EXECUTIVE
- PART 1: The President
- Office of President 61.
- 62. Qualification For election as President
- 63. Tenure of office of President 6 of 2001
- 64. Temporary exercise of of President’s functions
- 65. Vacancy in the Office of president
- 66. Mental or physical incapacity
- 67. Misconduct by the President
- 68. Salary and allowances
- 69. Immunity from civil criminal proceedings
- PART 2: THE VICE-PRESIDENT, SECRETARIES OF STATE AND THE CABNET
- PART 3: EXECUTIVE POWERS
- PART 4: PROSECUTIONS
- PART 1: The President
- CHAPTER VII NATIONAL ASSEMBLY AND LEGISLATION
- PART 1: ESTABLISHMENT OF THE NATIONALASSEMBLY AND MEMBERS
- 87. Establishment of National Assembly
- 88. Members of The National Assembly 6 0f 2001
- 89. Qualifications For Membership to the National Assembly
- 90. Disqualification for membership of the National Assembly
- 91. Tenure of seats of Of members of the National Assembly.
- 92. Recall of members.
- 93. The Speaker and the Deputy Speaker
- 94. Clerk of the National Assembly
- 95. Remuneration and allowances
- PART 2: THE MEETING AND DISSOLUTION OF THE NATIONAL ASSEMBLY
- PART 1: ESTABLISHMENT OF THE NATIONALASSEMBLY AND MEMBERS
- CHAPTER VII: NATIONAL ASSEMBLY AND LEGISLATION
- PART 3: Legislative and other powers of the National Assembly
- PART 4: PROCEDURE IN THE NATIONAL ASSEMBLY
- 103. Presiding in the National Assembly
- 104. Vacancy and quorum
- 105. Language in the National Assembly
- 106. Voting in the National Assembly
- 107. Unqualified Person sitting or voting
- 108. Regulation in the National Assembly
- 109. Committees of National Assembly
- 110. Contempt of the Natonal Asembly
- 111. The National Assembly service
- PART 5: RESPONSIBILITIES, PRIVILEDGES AND IMMUNITIES
- CHAPTER VIII: THE JUDICATURE
- PART 1: The Courts of The Gambia
- PART 2: THE SUPERIOR COURTSA: THE SUPREME COURT
- PART 2: The Superior Courts
- PART 3: THE CADI COURT
- PART 4: THE JUDGES
- PART 5: ADMINISTRATION OF THE COURTS
- PART 6: THE JUDICIAL SERVICE COMMISSION
- CHAPTER IX FINANCE
- CHAPTER X: THE OMBUDSMAN
- CHAPTER XI: THE PUBLIC SERVICE
- CHAPTER XII THE POLICE FORCE AND PRISON SERVICE
- CHAPTER XIII THE ARMED FORCES AND THENATIONAL INTELLIGENCE AGENCY
- CHAPTER XIV: LAND COMMISSION
- CHAPTER XV LOCAL GOVERNMENT AND TRADITIONALRULERS
- CHAPTER XVI THE NATIONAL YOUTH SERVICE
- CHAPTER XVII: THE NATIONAL COUNCIL FOR CIVIC EDUCATION
- CHAPTER XVIII: COMMISSIONS OF ENQUIRY
- 200. Commission of inquiry
- 201 Presiding Commissioner
- 202. Functions and powers of Commission
- 203 Publication of report
- 204. Adverse findings
- 205. Immunities of witnesses
- 206. National Assembly to make further provision
- 207. Freedom and responsibility of the media
- 208. Responsibility of state owned media
- 209. Limitations on rights and freedoms
- 210. National Media Commission
- CHAPTER XX: DIRECTIVE PRINCIPLES OF STATE POLICY
- 211. Application of the directive principles of state policy
- 212. National integration and unity
- 213. National sovereignty and independence
- 214. Political objectives
- 215. Economic objectives
- 216. Social objectives
- 217. Educational objectives
- 218. Cultural objectives
- 219. Foreign relations
- 220. Duties of a citizen
- CHAPTER XXI CODE OF CONDUCT FOR PUBLIC OFFICERS
- CHAPTER XXII: AMENDMENT OF THE CONSTITUTION
- CHAPTER XXIII MISCELLANCEOUS
- SCHEDULE 1 DIMENSIONS OF THE NATIONAL FLAG
- SCHEDULE 2: TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
CONSTITUTION OF THE SECOND REPUBLIC OF THE GAMBIA
Adopted on 8 August 1996, entered into force in January 1997,
last amended in 2001
In the name of God, the Almighty,
We the people of The Gambia have accomplished a great and historic task. We have had our say on how we should be governed. For this Constitution contains our will and resolve for good governance and a just, secure and prosperous society.
Our hopes and aspirations as a people were reflected in the enthusiasm and zeal with which we embarked on the task of nation building on the attainment of independence. The self-perpetuating rule of the recent past, however, soon gave rise to the abuse of office and related vices which negated the total welfare of the Gambian people. The sovereign people of The Gambia therefore endorsed the change of government on 22 July 1994 to rectify such evils.
This Constitution provides for us a fundamental law, which affirms our commitment to freedom, justice, probity and accountability. It also affirms the principle that all power emanate from the sovereign will of the people.
The fundamental rights and freedoms enshrined in this Constitution, will ensure for all time respect for and observance of human rights and fundamental freedoms for all, without distinction as to ethnic considerations, gender, language or religion. In acknowledging our fundamental rights we also affirm our duties and responsibilities as citizens of this country.
This Constitution guarantees participatory democracy that reflects the undiluted choice of the people. The functions of the arms of government have been clearly defined, their independence amply secured with adequate checks and balances to ensure that they all work harmoniously together toward our common good.
As we usher in the Second Republic and beyond, we give ourselves and generations of Gambians yet unborn this Constitution as a beacon of hope for peace and stability in our society and the good governance of The Gambia for all time.
In this spirit, we continue to pledge our firm allegiance to our beloved country and pray that the Great God of Nations will keep us all ever true to The Gambia.
CHAPTER I: THE REPUBLIC
1. The Republic
(1) The Gambia is a sovereign secular Republic.
(2) The sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this Constitution.
2. Public Seal
(1) The Public seal shall be the seal in existence immediately before this Constitution comes into force or such other seal as may be prescribed by an Act of the National Assembly.
(2) The Public Seal shall be used exclusively for authenticating matters of state and no person or organisation, other than the Government of The Gambia and those persons who may be authorised in accordance with an Act of the National assembly, may use the design of the seal or any design resembling it as such person’s or organisation’s emblem.
3. National Flag
(1) The National Flag shall be a flag of the design set out in and anthem Schedule1.
(2) The National Anthem shall be the anthem in use immediately before this Constitution comes into force.
4. Supremacy of the Constitution
This Constitution is the supreme law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.
5. Enforcement of the Constitution
(1) A person who alleges that -
(a) any act of the National Assembly or anything done under the authority of an Act of the National Assembly; or
(b) any act or omission of any person or authority,
is inconsistent with or is in contravention of a provision of this Constitution, may bring an action in a court of competent jurisdiction for a declaration to that effect.
(2) The court may make orders and give directions as it may consider appropriate for giving effect, or enabling effect to be given, to such a declaration and any person to whom any order or direction is addressed shall duly obey and carry out the terms of the order or direction.
(3) The failure to obey or carry out any order made or direction given under subsection (2) shall constitute the offence of violating the Constitution and -
(a) shall in the case of the President or Vice-President, constitute a ground for his or her removal from office in accordance with section 67; and
(b) any other person who is convicted of that offence shall be liable to the penalty prescribed by an Act of the National Assembly.
6. Defence of the Constitution
(1) Any person who –
(a) by himself or herself or in concert with others, by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act, or
(b) aids and abets in any manner any person referred to in paragraph (a),
commits the offence of treason and shall, on conviction, be liable to the penalty prescribed by an Act of the National Assembly for that offence.
(2) All citizens of The Gambia have the right and the duty at all times to defend this Constitution and, in particular, to resist, to the extent reasonably justifiable in the circumstances, any person or group of persons seeking or attempting by any violent or unlawful means to suspend, overthrow or abrogate this Constitution or any part of it.
(3) A person who resists the suspension, overthrow or abrogation of this Constitution as provided in subsection (2), commits no offence.
7. The laws of The Gambia
In addition to this Constitution, the laws of The Gambia consist of –
(a) Acts of the National Assembly made under this Constitution and subsidiary legislation made under such acts;
(b) any Orders, Rules, Regulations or other subsidiary legislation made by a person or authority under a power conferred by this Constitution or any other law;
(c) the existing laws including all decrees passed by the Armed Forces Provisional Ruling Council;
(d) the common law and principles of equity;
(e) customary law so far as it concerns members of the communities to which it applies;
(f) the Shari’a as regards matters of marriage, divorce and inheritance among members of the communities to which it applies.
CHAPTER III
CITIZENSHIP
8. Citizens on the Commencement of the Constitution
Every person who, immediately before the coming into force of this Constitution, is a citizen of The Gambia, shall, subject to this Constitution
(a) continue to be a citizen of The Gambia;
(b) retain the same status as a citizen by birth, by descent, by registration or by naturalisation, as the case may be, as he or she enjoyed immediately before the coming into force of this Constitution.
9. Citizen by birth 6 of 2001.
Every person born in The Gambia after the coming into force of this Constitution shall be presumed to be a citizen of The Gambia by birth if at the time of his or her birth, one of his or her parents is a citizen of The Gambia.
10. Citizen by descent
A person born outside The Gambia after the coming into force of this Constitution shall be a citizen of The Gambia by descent if at the time of his or her birth either of his or her parents is a citizen of The Gambia otherwise than by virtue of this section or any comparable provision of any earlier Constitution.
11. Marriage To a citizen
Any person who-
(a) is married to a citizen of The Gambia and, since the marriage, has been ordinarily resident in The Gambia for a period of not less than seven years; or
(b) has been married to another person who was, during the subsistence of the marriage a citizen of The Gambia and, since the end of the marriage (whether by annulment, divorce or death), has been ordinarily resident in The Gambia for a period of not less than seven years, shall be entitled, upon making application in such manner as may be prescribed by or under an Act or the National Assembly, to be registered as a citizen of The Gambia.
(2) The annulment of a marriage of a person who has been registered as a citizen of The Gambia under this section, or under the provisions of any earlier law for the registration as a citizen of The Gambia of a person on account of marriage, shall not affect that person’s status as a citizen of The Gambia.
12. Naturalisation as a Citizen – (1) Any person who has been ordinarily resident in The Gambia for a continuous period of not less than fifteen years and who satisfies the conditions set out in subsection (2) may apply, in such manner as may be prescribed by or under an Act of the National Assembly, to be naturalised as a citizen of The Gambia.
(2) The conditions referred to in subsection (1) are that the applicant-
(a) is of full age and capacity;
(b) is of good character
(c) has clearly shown that, if naturalised, he or she intends to continue permanently to reside in The Gambia;
(d) is capable of supporting himself or herself and his or her dependents.
(3) The Secretary of State shall give reasons for any refusal of an application made under this section.
(4) No person shall be naturalized until he or she has renounced any other citizenship he or she may have take an oath of allegiance to The Gambia.
12A. Dual Citizenship of 6 of 2001. (1) A Citizen of The Gambia who acquires the Citizenship of another Country may, if he or she so desires, retain his or her citizenship of TheGambia
(2) An Act of the National Assembly may make provision for the better implementation of this section.
13. Deprivation citizenship. (1) The Secretary of State may apply to the high court for a order depriving a person who has been registered or has been naturalised as a citizen of The Gambia of his or her citizenship on the grounds that he or she-
(a) Has acquired by registration, naturalisation or any voluntary and formal act (other than marriage) the citizenship of any other country.
(b) Has acquired the citizenship of The Gambia by means of fraud, false representation or the concealment of any material fact;
(c) Has, at any time since acquiring citizenship of The Gambia, voluntarily claimed and exercised in a country other than The Gambia any rights available to him or her under the laws of that country, being rights accorded exclusively to that country’s citizens;
(d) Has within seven years after being registered or naturalised been convicted in any country of an offence involving fraud, dishonesty or moral turpitude.
And, in the cases referred to in paragraphs © and (d), it is not conducive to the public good that he or she should continue to be a citizen of The Gambia.
(2) Before making any application for an order under this section, the Secretary of State shall give notice in writing to the person concerned of the grounds for the application and of his or her right to be heard and to be legally represented at the hearing of the application before the Court.
(3) If the High Court is satisfied that the Secretary of State has established that the person concerned has acted in a manner described in subsection (1) and notified that person, and, in a case referred to in paragraph © or (d) of subsection (1) that it is not conducive to the public good that the person concerned should continue to be a citizen of The Gambia, it shall made an order depriving that person his or her citizenship of The Gambia.
(4) Nothing in this or any other provision of this Constitution or any other law shall be construed has depriving, or authorising any person or authority to deprive, any citizen of The Gambia by birth or descent of his or her citizenship of The Gambia whether on account of such citizen holding the citizenship or nationality of some other country or for any other cause.
14. Restoration Of citizenship A citizen of The Gambia who loses his or her citizenship of The Gambia as a result of the acquisition or profession of the citizenship of some other country shall, on the renunciation of the citizenship of that other country, be entitled to be registered, or if he or she was formerly a citizen by birth or descent, to be officially recognised, as a citizen of The Gambia.
An act of the National Assembly may make Provision for
15. Acts of the National Assembly
(a) the acquisition of the citizenship of The Gambia by persons who are not eligible to become citizens under the provisions of this Chapter;
(b). the renunciation by any person of his or her citizenship of The Gambia; and
CHAPTER II: THE CONSTITUTION AND THE LAWS