By Mustapha K. Darboe
Claim: Supreme Court did not mandate IEC to register Gambians wherever they reside outside Gambia. …there is no law that says that wherever that Gambian is, go there and register the person there”
Source: The Deputy Speaker of National Assembly, Seedy Njie
Verdict: FALSE
Gambians head to the polls in under 2 years to elect a president. This week, the important democratic exercise is in the spotlight as lawmakers discuss the passing of a new election law, the Elections Bill.
The majority of lawmakers caused controversy when they voted to delete section 14 which calls for registration of Gambians living abroad. Though some lawmakers are of the view that the diaspora cannot be registered until a constituency is created for it, activists argued that the current legal arrangements already provide a basis for diaspora to be registered.
Claim
During the conversation at the parliament, the deputy speaker who was chairing the sessions (at committee stage), claimed that there is no law requiring registration of Gambians in the diaspora.
“…The Constitution has guaranteed Gambians in Space, Bolibanna, to have access or to be registered. But also, there is no law that says that wherever that Gambian is, go there and register the person there,” said Njie (watch from mins 47— 1: 06: 10).
On the decision of the Supreme Court on Bakary Bunja Dabo and Co, he claimed, “Whether in the judgment, the judgment has stated that where they are, let them go and register them there, that is not in the judgment. No judge will rule that every Gambian should be met where he is to be registered. No…”
Fact-check
The debate around the voting right of the diaspora gained momentum in 2017, after the coming to power of President Adama Barrow, whose rise to power the constituency contributed huge material support.
As the nation approached the 2021 election cycle, the first to be conducted by the Barrow administration, the Independent Electoral Commission (IEC) told journalists they would register Diaspora to vote. This followed a ruling by the Supreme Court in March 2021 in favour of former vice president Bakary Dabo and Co. affirming the right of diaspora to vote.
In its interpretation of Section 39 of the Constitution, the Court stated: “However, this Court finds and declares, in lieu of the order sought, that pursuant to section 39 of the Constitution, every Gambian, including those residing outside the jurisdiction, is entitled to be registered and to vote in election to the offices of President, members of the National Assembly, for local government offices and traditional rulers as well as in referenda.”
The IEC did not challenge the request for diaspora to be registered and to be allowed to vote. The IEC further conceded that under the provisions of Section 39 of the Constitution and Section 11 of the Elections Act, it is “ ..under legal obligation to register Gambians living outside The Gambia for purpose of public elections and referenda…” but only raised concern that it could only do so when it had the resources.
Though the IEC has conceded before the court its “obligation to register people in the diaspora”, the Supreme Court went on to further declare that it should register “those residing outside the jurisdiction”.
Verdict: The Supreme Court judgment is clear that IEC should register Gambians in various jurisdictions where they reside. Therefore, the claim by the Deputy Speaker of National Assembly, Seedy Njie, is FALSE.
