PUBLIC STATEMENT
EFSCRJ learns with immense grief and disappointment that the National Assembly voted down the precise to vote for Gambians who stay exterior the borders of the nation. The proper to vote is on the core of what constitutes citizenship in a republic. One-person-one-vote is a traditional definition of independence and a republic that lies on the coronary heart of citizen sovereignty.
This is why the Constitution states in Section 1(2) that the “sovereignty of the Gambia resides in the people of the Gambia”. This is unqualified for all residents. This means, as long as a citizen has attained the age of voting, one has the precise to vote whether or not one is resident at residence or overseas. This is as a result of it’s our vote, which is our will and energy that determines who ought to symbolize our folks in how this nation and its affairs and sources are to be ruled and managed. Thus, the problem isn’t the place one lives, however a query of methods to make each Gambian vote as an illustration of sovereignty, i.e., to have a say within the governance and growth of this nation.
Section 26 of the Constitution ensures the precise of Gambians to participate within the conduct of public affairs by means of their chosen representatives together with to vote and stand for elections. The proper to vote has been additional entrenched in Section 39(1) of the Elections Act. In this Act, Section 11 mandates the IEC to register all Gambians together with to “prepare, compile and maintain…, a register of voters for each constituency and a register of Gambian registered voters in foreign countries.” Furthermore, Section 141 of the Elections Act states, “The Commission may make rules for Gambians in any foreign country to vote in a presidential election.”
From the foregoing, it’s abundantly clear that the intention, letter and spirit of each the 1997 Constitution and the Elections Act is for Gambians at residence and overseas to register and to vote within the elections of the nation. Therefore, EF Small Centre holds that the choice by the National Assembly to expunge Clause 14 out of the Elections Amendment Bill therefore deny diaspora voting is unconstitutional and unlawful. For that matter, their choice is completely null and void and has no impact.
We recall additional that the Supreme Court had dominated in 2021 that Gambians overseas might register and vote in all nationwide elections together with referenda, presidential, National Assembly and Local Government elections. The matter was introduced earlier than the very best court docket collectively by former Vice President Bakary Bunja Dabo, Cherno M. Njie, Pa Samba Jow, Jeggan Grey-Johnson and Sidi Sanneh in opposition to the Independent Electoral Commission and the Attorney General.
We subsequently discover it totally deceptive and an outright try to deny Gambians overseas to vote by saying that the IEC has to first demarcate constituencies overseas. By Section 141of the Elections Act, the IEC is at liberty to place in place any mechanism it deems appropriate to make sure that the Constitution and the Elections Act are upheld. Demarcating constituencies overseas is just one possibility, the absence of which can’t be a justification to disclaim Gambian residents their constitutional proper to register and vote. We subsequently fully disagree and are vastly upset with the Attorney General and Minister of Justice Dawda A Jallow for making such a declare. We are of the view that he has misled the National Assembly by wrongly prioritizing the demarcation of constituencies overseas over a constitutional proper to vote.
EF Small Centre anticipated that NAMs, as lawmakers for the Republic will at all times be sure that the legal guidelines of this nation acknowledge, defend and promote the complete rights of all Gambians. We are subsequently vastly upset in these NAMs who voted in opposition to or abstained on the sitting of the Committee of the Whole House on the National Assembly on February 4 thereby denying Gambians who reside exterior the nation a say within the affairs of their very own homeland. By their vote, they’ve wilfully violated Section 112 of the Constitution which stipulates that NAMS, “shall discharge their duties and functions in the interest of the nation as a whole and in doing so shall be influenced by the dictates of conscience and the national interest.”
EFSCRJ holds that the choice to take away the precise of Gambians overseas to vote is unconstitutional, invalid and has no impact. Those who voted in opposition to or abstained on this choice have to be recognized and held accountable for violating the Constitution and the sovereignty of Gambians. The National Assembly nor the Government and certainly nobody has the authority and energy to abrogate the sovereignty of Gambians. Attempting to take action is a treason.
Considering this unlucky vote, we name on the Government, political events, CSOs and certainly all residents to demand that the National Assembly instantly reverse this unconstitutional choice and be sure that the precise to vote develop into materialized for all Gambians, at residence and overseas, instantly. Furthermore, we hereby name on the electorates within the respective constituencies of those NAMs to make sure that they vote them out within the 2028 parliamentary elections. No particular person deserves to be within the National Assembly who seeks to disclaim fellow Gambians their sovereign rights.
EFSCRJ shall proceed to vigorously maintain the National Assembly accountable for his or her unconstitutional choice and be sure that these NAMs who voted in opposition to or abstained don’t get re-elected within the 2028 legislative elections.
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