By Kemeseng Sanneh (Kexx)
The lawsuit seeking to overturn the ban on female circumcision (also known as female genital mutilation or FGM) has faced a preliminary objection from the State, questioning the Supreme Court’s authority to hear the case.
Almami Gibba, the National Assembly Member for Foni Kansala, along with seven others, is challenging the constitutionality of amendments to the Women’s Act of 2010, Act Number 11 of 2015, which prohibits FGM. They argue that Sections 32A and 32B of the amendments violate several provisions of the 1997 Gambian Constitution that protect fundamental rights and freedoms.
The plaintiffs are asking the Supreme Court for three key outcomes: a declaration that the 2015 amendments are unconstitutional and void, an order to strike down Sections 32A and 32B and reinstate the original Section 32 of the Women’s Act, and a ruling that the National Assembly exceeded its legislative authority in passing the amendments.
When the case was called, senior counsel Lamin J. Darboe appeared for the plaintiffs, while State Counsel Akawoo represented the Attorney General and Minister of Justice. State Counsel raised a preliminary objection, arguing that the Supreme Court does not have the jurisdiction to hear cases regarding the interpretation or enforcement of Sections 17 to 33 of the Constitution, which cover 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.
He further argued that human rights cases should be handled exclusively by the High Court and called for the case to be dismissed with costs.
In response, Lamin J. Darboe requested time to address the State Counsel’s objection, and the court adjourned the matter until April 9, 2025. The ruling on the jurisdictional challenge will determine whether the Supreme Court can proceed with hearing the case’s substantive arguments, leaving the future of the FGM ban in The Gambia uncertain.
