By Ramatoulie Jawo
Nominated National Assembly member, Honourable Kebba Lang Fofana, has refuted claims that lawmakers rejected diaspora voting, stating that they actually voted in favor of it in Clause 13 of the Election Bill.
Hon. Fofana made these comments during the adjournment debate at the National Assembly.
“So what I am telling the opposition is that you cannot mislead the public; no matter how hard you try, you cannot. We never said no to diaspora voting; in fact, we voted for diaspora voting. We passed clause 13, which embodies the right to vote. Clause 14 is about the registration process, and what we intend to do is to make sure that diaspora is first demarcated into constituencies. So that after voting, they can be represented. But to the diaspora, the opposition does not have you at heart,” he said.
The nominated member further explained that during the March 4th session, Clause 14 of the Election Bill was expunged, specifically the section that read: ”Registration of Gambians living abroad: the commission shall register a Gambian living outside the Gambia as a voter if he or she satisfied the requirements for registration prescribed under this act.”
He emphasized that the key point is whether an individual has met the registration requirements outlined in this act, specifically in Clause 13.
Hon. Fofana then referred to Clause 13, which details the qualifications for voter registration, including being a Gambian citizen, being at least 18 years old by the next election, and either residing in a specific constituency or being a resident abroad.
“With your permission, Hon. Speaker, I want to refer the house to clause 13. Clause 13 deals with qualifications for registration as a voter. A person is entitled to have his or her name entered on the registration of voters in a constituency. Underlined that word. Also, if he or she (A) is a citizen of the Gambia (B) has attained or will attain on the date of the holding of the next election the age of 18 and (C) is resident or was born in that constituency or is resident in a foreign country. And clause 13 for the record was passed by this Honourable House; both the minority and the majority camp agreed, and we voted in for Clause 13,” he explained.
He questioned those who had claimed that members of the NPP, APRC, NRP, and some independent members rejected diaspora voting, asking, “My question to the people who wrote on Facebook that NPP NAMs, APRC NAMs, NRP NAMs and some independent members rejected diaspora voting. I am asking you, did clause 13 say no to diaspora voting? Which means we all agree by voting in clause 13 that the diaspora must vote.”
Hon. Fofana stressed that Clause 13 aligns with Section 39 of the Constitution, reinforcing that there was no constitutional infringement in granting the diaspora the right to vote. He also raised concerns about why Clause 14 was removed, despite the recognition that the diaspora meets the criteria to vote as outlined in both Clause 13 of the Election Bill and Sections 39 and 26 of the Constitution.
“We said what is the parameter here. The Bill took care of the framework because the framework is saying that every Gambian who has attained the age of 18 and of sound mind is qualified to be registered under a constituency. What is clause 14 saying? I will read that for you so that you will realize why we expunged it. We need clarity Honorable speaker because there is a lot of misinformation going out,” he said.
He explained that Clause 14 stipulates that the commission shall register a Gambian living outside the country as a voter if they meet the requirements set out under this Act. These requirements are outlined in Clause 13, which is consistent with the spirit of Section 39 of the Constitution. He questioned whether the Election Bill offered anything different, arguing that Clause 14 of the Bill was simply a declaration of intent.
He emphasized that the majority camp should have focused on developing a clear framework rather than merely expressing intent, which had already been addressed by both the Constitution and Clause 13 of the Election Bill.
Hon. Fofona accused the minority and those associated with the NPP of attempting to mislead the diaspora. He clarified that they were not opposed to diaspora voting, but stressed that as a government, they have a responsibility to ensure that proper mechanisms are in place. He argued that the Gambians living abroad deserve respect and that if they are to be allowed to vote, the necessary systems must be ready.
He concluded by stating that it is the committee responsible for the bill, which has been in place since 2019, that should take charge of developing this mechanism.“And Honorable speaker for the record that the committee chair is a member of the opposition since 2019 up to 2024. Six good years you cannot work on a simple mechanism and today you stand on this floor and tell people that you love the diaspora. You don’t love the diaspora. We are the people who love the diaspora because what we want is we do not want to give them false hope, but to the diaspora the opposition do not have you at their heart. What they want you to do is to only vote and your voices will not be heard,” he said.