By Kemeseng Sanneh (Kexx)
The Supreme Court of the Gambia on Tuesday ruled that it has the jurisdiction to hear a lawsuit challenging the constitutionality of the law prohibiting Female Genital Mutilation (FGM).
The ruling comes after a heated legal debate over the court’s authority to adjudicate the matter, which was brought by Almami Gibba, National Assembly Member for Foni Kansal Constituency, and seven other plaintiffs. The group is seeking the court to decriminalise FGM by challenging the 2015 amendment to the Women’s Act, which criminalised the practice.
The plaintiffs argue that the law infringes on various constitutional rights, including those protecting equality, freedom of speech, and cultural practices. They contend that the ban on FGM undermines their cultural and religious freedoms, as well as their rights to family life and parental care.
Counsel Lamin J. Darboe, representing the plaintiffs, emphasized that the case is not about enforcing fundamental rights but about the constitutionality of the FGM ban itself. He urged the court to focus on the substance of the issue rather than technicalities. In his argument, Darboe referenced sections of the 1997 Constitution, particularly Sections 4, 5, and 127(1)(b), which he believes grant his clients the right to bring this legal action.
In response, State Counsel Akawa argued that the case fell outside the Supreme Court’s jurisdiction, citing Section 127(1)(a) of the Constitution. He also questioned the legal standing of the plaintiffs, claiming they had not demonstrated a direct personal interest in the matter.
Despite the objections from the state counsel, the Supreme Court ruled in favor of the plaintiffs, affirming its jurisdiction over the case. The court dismissed the jurisdictional challenge and allowed Counsel Darboe to amend his legal submission.
The plaintiffs now have 21 days to file their brief, with State Counsel Akawa given the same amount of time to file a reply. The matter is set for further hearing in the next term of the Supreme Court.
