By Buba Gagigo
In their Explanatory Notes to the 2024 draft Constitution, the government explained that having the Vice President or Speaker assume the office of President for the remainder of the term can help maintain governmental stability and prevent chaos.
The 2020 Draft provided for elections to be held within ninety days from the date the vacancy occurred, unless the next election was due within nine months. However, the 2024 Draft restored the provisions in the current (1997) Constitution.
“Having the Vice President or Speaker assume the office of President for the remainder of the term provides a clear line of succession, which can help maintain governmental stability and prevent chaos. It helps to avoid the immediate pressures and risks associated with organizing a rapid election, thus allowing more time for thorough preparation and ensuring uninterrupted governance,” they explained.The government also stated that it is more cost-effective as it avoids the expense and challenges of holding an immediate election, which can divert resources and attention from ongoing governmental duties and public services.
Regarding the removal of the President by impeachment, the government noted that the 2020 draft clause listed “abuse of office,” “violation of a provision of the Constitution,” and “obstruction of justice” as grounds for removal.
“The 2024 clause specifies gross abuse of office and gross violation of a provision of the Constitution requiring a higher level of or more serious misconduct for removal of a president. The 2024 draft clause also requires a higher level of support from the National Assembly for removal to take place – 2/3,” they explained.The government explained that the changes in the 2024 Draft set a higher threshold for the removal of the President and require more serious misconduct and a higher level of support from the National Assembly for removal to take place.
The government also explained that the 2020 Draft proposed the tribunal to be the Chief Justice as Chair; three current or former judicial officers; and one non-judicial officer/legal practitioner. They said the 2024 Draft reconstituted the Tribunal as follows:
– Chief Justice, as chair
– One representative of:
– Supreme Islamic Council
– Christian Council
– Medical and Dental Council
– Chamber of Commerce
“Both the 2020 and 2024 clauses involve the Chief Justice in constituting and appointing the tribunal, the 2020 draft emphasizes the composition of the Tribunal on a more judicial and professional background for the members of the tribunal, and the 2024 draft composition suggests a more diverse representation from various sectors of society, including religious, medical, and business communities.
“This amendment broadens representation in the Tribunal which invariably ensures that decisions on presidential incapacity will be premised on input from diverse sectors of society, including the religious, medical, and business communities. This composition will enhance the legitimacy and impartiality of the decision of the Tribunal because it reflects a cross-section of the Gambian populace that is guaranteed to make critical decisions after broad-based consultation,” they explained.They also expressed that the 2024 Draft replaces “two-thirds” with “seventy-five percent” as the threshold for the removal of a president.
“A higher threshold like 75% ensures that the removal process is not used frivolously or for purely political gains, reinforcing the seriousness of such actions, and ensuring broad, cross-party consensus. A higher threshold discourages frequent or destabilizing attempts to remove the executive, promoting a more stable governance environment,” they explained.