Lawyer Lamin J Darboe, Hon. Almameh Gibba and others at the Supreme Court
A landmark lawsuit seeking to overturn the ban on female circumcision in The Gambia has been met with a legal challenge regarding the Supreme Court’s authority to hear the case. The plaintiffs, led by Almami Gibba, a National Assembly member for Foni Kansala, alongside six other co-plaintiffs, are contesting the constitutionality of amendments made to the Women’s Act of 2010 under Act Number 11 of 2015, which prohibits female genital mutilation (FGM).
The plaintiffs argue that the 2015 amendments, particularly Sections 32A and 32B, infringe upon several provisions of the 1997 Gambian Constitution, including sections that protect fundamental rights and freedoms. They contend that the amendments violate constitutional rights guaranteed in sections 17(1) and (2), 25(1)C, 28(1) and (2), and 33(2) and (3).
In their lawsuit, the plaintiffs are seeking three primary outcomes: a declaration that the 2015 amendments are unconstitutional and null and void, the annulment of Sections 32A and 32B, and the reinstatement of the original Section 32 of the Women’s Act of 2010. Additionally, they seek a ruling that the National Assembly overstepped its legislative authority by enacting the amendments.
The case, which marks a significant legal challenge to the FGM ban, was heard by the Supreme Court, where senior counsel Lamin J. Darboe appeared on behalf of the plaintiffs. State Counsel Akawoo, representing the Attorney General and Minister of Justice, raised a preliminary objection, arguing that the Supreme Court lacks the jurisdiction to hear the case. Specifically, Akawoo contended that the Supreme Court does not have the authority to interpret or enforce Sections 17 to 33 of the Constitution, which pertain to fundamental human rights.”This Court does not have the jurisdiction to hear and determine matters relating to the interpretation or enforcement of Sections 17 to 33 of the Constitution. The suit is otherwise incompetent,” State Counsel Akawoo stated.
In response, Darboe requested additional time to address the State Counsel’s objection. The court granted this request, adjourning the case until April 9, 2025.
The resolution of this jurisdictional challenge will determine whether the Supreme Court can proceed to hear the substantive issues of the case. The future of The Gambia’s ban on female circumcision remains uncertain, pending the court’s decision.