This is the Case for the Prosecution presented by Halifa Sallah in FOROYAA and Lamin J Darbo in KAIRONEWS:-
“The only available mechanism to amend the Constitution lies in the procedure delineated at Section 226, which states, at 226(1):- “subject to the provisions of this section, an Act of the National Assembly may alter this Constitution”.
According to section 226(2), “Subject to subsection (4), a Bill for an Act of the National Assembly under this section shall not be passed by the National Assembly or presented to the President for assent unless:- before the first reading of the Bill in the National Assembly, the Bill is published in at least two issues of the Gazette, the latest publication being not less than three months after the first, and the Bill is introduced into the National Assembly not earlier than ten days after the latest publication, and the Bill is supported on the second and third readings by the votes of not less than three-quarters of all the members of the National Assembly”
Halifa and Lamin conclude thus: “Considering the constitutional timelines stipulated above, a pertinent Bill in at least two issues of the Gazette, the latest publication being not less than three months after the first, and the Bill is introduced into the National Assembly not earlier than ten days after the latest publication, it will take at least a hundred days before the way can be cleared for appointing a currently unqualified vice-president.”
SERIOUS OMISSION IN “EDUCATING THE PEOPLE”!
Halifa Sallah in FOROYAA says “Subject to subsection (4)” Halifa gives NO EXPLANATION OF “subsection (4)”!!!!!
Lamin J Darbo in KAIRONEWS says: “Subject to subsection (4) ….” Lamin J Darbo gives NO EXPLANATION OF “subsection (4)”!!!!!
CASE FOR THE DEFENCE
Dida Halake, presenting the Case for the Defence screams “WHAT DOES subsection (4) says?????!!!!!”
This is subsection (4):
A Bill for an act of the National Assembly altering ANY OF THE PROVISIONS REFERRED TO in subsection (7) shall not be passed by the National Assembly or presented to the President for assent unless …” (the 3 months Gazette Procedure).
BUT, what are the “provisions” in subsection (7) TO WHICH THE 3-months Gazette Procedure applies?
(7) Subsection (4) applies to –
(a) this section;
(b) section 1 and 79 (2) (which relate to the sovereignty of The Gambia);
(c) sections 4, 5 (1) and 6 (2) (which relate to the Constitution, as the supreme law of The Gambia;
(d) sections 8 and 13 (4) (which relate to citizenship);
(e) Chapter IV (which provides for the protection of fundamental rights and freedoms);
(f) Sections 39 (1), 42 (1), 47 (3) (which relate to elections and the Independent Electoral Commission) ;
(g) Section 63 (1) and the first sentence of section 71 (2) (which relate to the term of the President and the qualifications for Secretaries of State);
(h) Sections 85 (4) and 160 (7) (which relate to the Director of Public prosecutions and the independent of the Auditor general);
(i) Sections 87 and 100 (which relate to the National Assembly and the legislative power);
(j) Sections 120(1)(a), (2) and (3), 121 (1), 123, 126 to 128, 130, 132, 133, 135 (1) and (2), 136 and 138(1), (4), (5) and (6) (which relate to the judicature (;
(k) Sections 149 (1) and 151 (1) which relate to taxation and the withdrawal of money from public funds);
(l) Section 193(1) (which relate to local government);
Concludes Dida Halake: “Members of the Jury, THE AGE AMENDMENT IS NOT IN THE “PROVISION” IN SUBSECTION (7) – and therefore DOES NOT require the 3-months Gazetting!”
Dida Halake,
Notting Hill,
London, UK.
Ends
Dida Halake Lungtango Sung Gan Gi
Why do you miss other relevant sub-sections, especially 8 & 9 respectively below;
(8) No Act of the National Assembly shall be
deemed to amend, add to, repeal or in any way
alter any of the provisions of this Constitution
unless the title of the Act clearly indicates that
intention and the Act does so in express terms.
(9) In this section –
(a) references to this Constitution include
references to any law that amends or replaces
any of the provisions of this Constitution;
(b) to the alteration of this Constitution include
references to the amendment, modification or
re-enactment with or without amendment or
modification, of the Constitution or of any
provision for the time being contained in this
Constitution, the suspension or repeal or the
making of different provision in lieu thereof,
and the addition of new provisions to this
Constitution.
Refer and take note !
CHAPTER XII AMENDMENT OF THE CONSTITUTION
Alternation of this
Constitution -226
(1) subject to the provisions of this section, an Act of the
National Assembly may alter his Constitution.
(2) Subject to subsection (4), a bill for an Act of the National
Assembly under this section shall not passed by the
National Assembly or presented to the President for assent
unless-
(a) before the first reading of the Bill in the National
assembly, the Bill is published in at least two issues
of the Gazette, the latest publication being not less
than three months after the first, and the Bill is
introduced into the National Assembly not earlier
than ten days after the latest publication; and
(b) the Bill is supported on the second and third
readings by the votes of not less than three quarters
of all the members of the National assembly.
(3) If the President fails to assent within thirty days to a Bill
passed by the National assembly in accordance with
subsection (2), the Bill shall be returned to the Speaker who
shall refer it to the Independent Electoral Commission shall
cause a referendum to be held on the Bill in accordance
with subsection (4) and, if the Bill is supported on such a
referendum by the majority of voters provided for in that
subsection, it shall again be presented to the President for
his assent.
(4) A Bill for an act of the National Assembly altering any of
the provisions referred to in subsection (7) shall not be
passed by the National Assembly or presented to the
President for assent unless-
(a) the Bill is published and introduced in the
manner required by paragraph (a) of
subsection (2);
(b) The Bill is supported on the second and third
readings by the votes of not less than three
quarters of all the members of the National
Assembly;
(c) The Bill has been referred by the Speaker to
the Independent Electoral Commission and
the Commission has, within six months of
such reference, held a referendum on the
Bill; and
(d) At least fifty per cent of the persons entitled
to vote in the referendum have taken part in
the referendum and the Bill is supported in
the referendum by at least seventy five per
cent of those who voted.
(5) The Speaker and, in the case of a Bill to which subsection
(3) or (4) applies, the Independent Electoral Commission
shall certify that the relevant provisions of this section have
been complied with and such certificates shall be delivered
to the President when the Bill is presented for assent.
(6) Where a Bill which has been supported in a referendum by
the majority provided for in subsection (4) is presented to
the President to the President for assent, the President shall
assent to the Bill within seven days.
(7) Subsection (4) applies to –
(a) this section;
(b) section 1 and 79 (2) (which relate to the sovereignty
of The Gambia);
(c) sections 4, 5 (1) and 6 (2) (which relate to the
Constitution, as the supreme law of The Gambia;
(d) sections 8 and 13 (4) (which relate to citizenship);
(e) Chapter IV (which provides for the protection of
fundamental rights and freedoms);
(f) Sections 39 (1), 42 (1), 47 (3) (which relate to
elections and the Independent Electoral
Commission) ;
(g) Section 63 (1) and the first sentence of section 71
(2) (which relate to the term of the President and the
qualifications for Secretaries of State);
(h) Sections 85 (4) and 160 (7) (which relate to the
Director of Public prosecutions and the independent
of the Auditor general);
(i) Sections 87 and 100 (which relate to the National
Assembly and the legislative power);
(j) Sections 120(1)(a), (2) and (3), 121 (1), 123, 126 to
128, 130, 132, 133, 135 (1) and (2), 136 and 138(1),
(4), (5) and (6) (which relate to the judicature (;
(k) Sections 149 (1) and 151 (1) which relate to
taxation and the withdrawal of money from public
funds);
(l) Section 193(1) (which relate to local government);
(8) No Act of the National Assembly shall be
deemed to amend, add to, repeal or in any way
alter any of the provisions of this Constitution
unless the title of the Act clearly indicates that
intention and the Act does so in express terms.
(9) In this section –
(a) references to this Constitution include
references to any law that amends or replaces
any of the provisions of this Constitution;
(b) to the alteration of this Constitution include
references to the amendment, modification or
re-enactment with or without amendment or
modification, of the Constitution or of any
provision for the time being contained in this
Constitution, the suspension or repeal or the
making of different provision in lieu thereof,
and the addition of new provisions to this
Constitution.
Dida Halake Lungtango Sung Gan Gi
What about this section?
CHAPTER XII AMENDMENT OF THE CONSTITUTION
Alternation of this Constitution -226
(1) subject to the provisions of this section, an Act of the National Assembly may alter his Constitution.
(2) Subject to subsection (4), a bill for an Act of the National Assembly under this section shall not passed by the National Assembly or presented to the President for assent unless-
(a) before the first reading of the Bill in the National assembly, the Bill is published in at least two issues of the Gazette, the latest publication being not less than three months after the first, and the Bill is introduced into the National Assembly not earlier than ten days after the latest publication; and
(b) the Bill is supported on the second and third
readings by the votes of not less than three quarters of all the members of the National assembly.
(3) If the President fails to assent within thirty days to a Bill passed by the National assembly in accordance with subsection (2), the Bill shall be returned to the Speaker who shall refer it to the Independent Electoral Commission shall
cause a referendum to be held on the Bill in accordance with subsection (4) and, if the Bill is supported on such a referendum by the majority of voters provided for in that subsection, it shall again be presented to the President for his assent.
Dawda, I am not going into all this again Brav! Go to Sambagate.Com – I have added all the debating points to the original piece. I am concentrating on debunking the need for 226 – because the “STORM-IN-A-TEACUPPERS” are concentrate on 226 to scupper the amendment. And I think it is all because Halifa wanted the VP post NOW – and to have a go at the Presidency in 2020. OJ too is not happy ending his political life in the ministry he was in 22 years ago – he too wants to have a go at the Presidency in 2020. UDP and Darboe have a different plan: they want to consolidate their power-base in the country (and the Barrow-Presidency) for FIVE years … and then let a younger UDP-President (or even Barrow himself) contest from a position of strenth. By the way, Halifa “Constitution, Constitution, Constitution” signed up to a UNLAWFUL Memorandum of Understanding to limit the Barrow-Presidency to 3 years … that is CLEARLY against the Constitution! If the MOU goes to court, it would be ruled NULL & VOID because it is based on an illegality! That is the law.
The coalition is built on trust. The opposition political parties have trust for each other and developed the MOU as the agreement among them based on this trust. And trust is trust. You either keep it or you betray it. This is the first point.
Secondly, all the parties to the coalition were or are conversant with the provisions of the Constitution or its dictates. They know that the Gambia has an Executive presidency. When you elect a president that person has the sole right and prerogative to form a government. He also has the executive power to make unilateral decisions.
What is the compromise as far as the MOU is concerned is a power sharing arrangement between the person who is going to be elected as president and other members in the coalition. And this is well established in the provisions of the MOU that creates the functions and authority of the Coalition Executive Committee. It is the decision making body of the coalition government. This is the second point.
The third point is that when the opposition political parties elected an independent person as the presidential candidate for the coalition in that coalition convention they have for all practical purposes declared that party politics for them was dead for the next three years.
The opposition political leaders should not have accepted positions in the cabinet but should have maintained positions in the C.E.C to avoid conflicts of interest and to safeguard the bond of trust that is fundamental to keep the coalition government and its agenda relevant and sustainable.
And now what do we have? Complete chaos. The political leaders who were supposed to be members of the C.E.C and running the government in tandem with the president are now in the cabinet. Not only are they in the cabinet but they are also running their individual political parties in parallel and trying to safeguard their parties interest and survival at the detriment of the coalition government and its agenda.
Dormu Rewwum Gambia (aka Luntango Suun Gann Gi)
You got it wrong! Stop the appeasement of your favourites and look into amendment of The Constitution very seriously for rejoinder!
You have lifted (7) Subsection (4) as applies to – listings above.
Now simply defend what relevant Constitutional provisions can or did National Assembly members relying to amend age of VP likewise when they passed the State of Emergency trying to overturn results of Presidential elections?
NOTE: CHAPTER XII AMENDMENT OF THE CONSTITUTION IS ONLY SECTION FOR;
Alternation of this
Constitution -226
(1) subject to the provisions of this section, an Act of the
National Assembly may alter his Constitution.