Justice Cherno Sulayman Jallow, QC (JSC), Chairperson of Constitutional Review Commission (CRC) Monday presented the final draft of the constitution to President Adama Barrow at State House in Banjul.
This follows a series of consultations with Gambians at home and abroad as to how they wish to be governed.
He said, the Gambian leader appointed him as a chairperson, alongside with vice chairperson and nine other commissioners to serve as Commissioners of the CRC pursuant to section 5 of the Constitutional Review Commission Act, 2017 (the CRC Act),
Justice Jallow said their assignment was in two folds, firstly, to review the 1997 Constitution of the Republic of The Gambia and write a new Constitution, and secondly, to prepare a report with regard to the new Constitution. This was the fundamental purpose and object of the CRC Act as provided in section 6 (1) thereof.
“This was the fundamental purpose and object of the CRC Act as provided in section 6 (1) thereof. We were required to carry out our assignment in 18 months, with the possibility of an extension not exceeding 6 months as the CRC Chairperson may recommend and as the President may grant. The CRC was able to draft and publish the proposed Draft Constitution within the period of 18 months (which lapsed on 4th December, 2019),” he said.
Justice Jallow commended President Barrow for acceded to his subsequent three recommendations to extend the date for the submission of the results of their assignment up to 31st December, 2019 initially, then to 31st January, 2020 and finally to 30th March, 2020.
He added that this was in accordance with Section 9 (2) of the CRC Act. In effect, the CRC has taken less than 2 years to deliver on its assignment.
The draft constitution spells out two five-year terms for the president. If the term-limit clause survives any changes, it will be a welcome development for a majority of Gambians who hold the view that the 22-year-long dictatorship of the recent past was possible due to lack of term limit for the president in the 1997 constitution.
A section of the constitution dealing with the integrity of the presidency states that the President shall within three months of assuming office, disclose to the Anti-corruption Commission all liabilities and business interests he or she has or that is held on his or her behalf.
Chairperson Jallow further said in performing its functions, the CRC was required under section 6 (2) of the CRC Act to be guided by certain principles, namely to seek public opinion and take into account such proposals as the CRC considered appropriate, to review the current Constitution of 1997, to adhere to The Gambia’s values and ethos and to safeguard and promote The Gambia’s existence as a sovereign independent State.
“The republican system of governance of The Gambia, which includes the country’s democratic values and respect for and promotion of the rule of law and respect for human rights, the separation of powers, , national unity, cohesion and peace, periodic democratic elections that are based on universal adult suffrage, including term limits for occupying the Office of President and the continued existence of The Gambia as a secular State whereby all faiths are treated equally and fairly and encouraged to foster national cohesion and unity, “he pointed out.
He added that “in relation to all of these matters, the CRC Act required the CRC to afford all Gambians, both at home and abroad to the extent feasible, ‘the opportunity to freely express their opinions and make suggestions on matters they feel should be considered in the Constitution”.
Attorney General and Minister of Justice, Abubacarr Tambadou, said under President Barrow administration, the country has witnessed the most far reaching improvements on the conditions of service in the judicial and legal services of the country.
He said “the tide is beginning to turn in our favour now, and of all the progress made thus far, this has been one of the most profound and satisfying achievements for me personally. I can now see the smiles on the faces of my staff and I cannot thank you enough for this.
And today, we are here for the submission of a new Draft Constitution that will usher in a 3rd Republic and introduce a new governance architecture with all the promises of a brighter future, a more stable and democratic society with adequate checks and balances between the three organs of State, and a conducive environment for the liberty and prosperity of the individual,” he said.