By Mustapha K. Darboe
Claim: 2024 draft constitution was shared with political parties, civil society for their input and review
Source: Dawda A. Jallow, Minister of Justice
Verdict: Misleading
In 2020, the Gambia failed in an attempt to get a new supreme law (constitution). The draft was produced by the Constitution Review Commission (CRC), an institution established by an act of parliament in 2018. After the submission of their draft to the President, the lawmakers allied to the President killed it on the Assembly floor by voting against it.
The main reason for the rejection of the 2020 draft constitution was a clause on a two-five year presidential term limit, which retroactively included President Barrow’s first five-year term. Other reasons were brought up around this to give more weight to the idea of killing the draft, including declaring the country a “secular republic” and “confirmation of ministerial appointments by the National Assembly”.
After a major failure at attempts to get a new constitution, a series of discussions over contentious issues believed to have precipitated the death of the 2020 draft constitution were held. One was held in February in Abuja led by former president Goodluck Jonathan.
A similar discussion among political leaders was held in the Gambia in 2023 chaired by a former United Nations Special Representative of the Secretary-General for West Africa and the Sahel, Muhammed Ibn Chambas.
In February, 2024, the International IDEA which has been supporting the Ministry of Justice in this process, took the same discussion to the lawmakers. The discussion was chaired by Muhammed Ibn Chambas. In August, 2024, the Ministry of Justice gazetted a new draft constitution amidst widespread criticisms that the proposed constitution was unilaterally written.
Claim
At a press conference on August 28, 2024, the Justice Minister Dawda A. Jallow said after their various consultations held over the fate of the 2020 killed draft, “consensus was reached” on 21 out of 24 contentious issues identified.
“In preparation for this consultative retreat in Abuja, the revised draft of constitution has been circulated to the leaders of political parties and civil society for their information, review and any further input prior to gazetting…,” Jallow said (VIDEO: listen from 24:42 mins…).
Fact-check
Though the consultation geared towards building a consensus to resuscitate the dead 2020 draft was held with participation of political parties and civil society, all parties have denied any involvement in drafting or contributing to the content of the 2024 draft constitution.
The United Democratic Party and Gambia Democratic Congress have acknowledged participating in the consultations chaired by former Nigerian president Goodluck Jonathan and Muhammed Ibn Chambas. However, both parties have refuted claims that the revised 2024 draft was shared for their review and input.
In a statement on September 3, the umbrella body of Gambian civil society organisations — TANGO — also acknowledged participating in talks chaired by Jonathan and Chambas but denied receiving a copy of the revised 2024 draft for their review or input.
Though there were consultations over contentious issues raised in the 2020 draft, attended by political party and civil society organisations, the amendments in the 2024 draft was unilaterally done by the cabinet.
Based on our research, we found the Minister’s claim to be misleading.
Verdict: MISLEADING
