By Kebba AF Touray
An effort to revive a key provision that would allow Gambians living abroad to vote in national elections suffered another blow on Tuesday, as lawmakers in the National Assembly declined to reverse their earlier decision to delete the clause from the draft Elections Bill.
Clause 14 of the proposed legislation, which sought to provide a legal framework for diaspora voting, was previously struck out by lawmakers during deliberations on March 4, 2025, amid concerns over the lack of demarcated diaspora constituencies. The clause would have empowered the Independent Electoral Commission (IEC) to set rules and procedures for registering and facilitating voting by Gambians living overseas — subject to consultation with the Cabinet and the Inter-Party Committee.
On July 8, 2025, Hon. Lamin Ceesay, the National Assembly Member for Kiang West, tabled a motion seeking to rescind the earlier decision and reintroduce Clause 14 into the bill. Citing the constitutional rights of diaspora Gambians, Hon. Ceesay invoked Standing Order 29(3) of the Assembly’s rules, arguing that the Assembly must comply with a recent Supreme Court ruling affirming the right of citizens abroad to vote.
“This clause is cardinal in the evolution of our electoral system,” he told colleagues. “The Constitution guarantees the right of all Gambians to vote, regardless of where they live. We must act to give effect to that right.”
Hon. Ceesay supported his motion with references to several constitutional provisions — including Section 100(2)(b), which empowers the National Assembly to make laws; Section 127(1)(a) and (b), which outlines judicial review authority; and Section 39(1), which provides for the right of every Gambian citizen to vote.
But his call to action was met with procedural resistance.
Deputy Speaker Seedy S.K. Njie, presiding over the session, ruled that although the motion was properly introduced under the Standing Orders, the Assembly had already taken a decision on Clause 14 during the same session and that such decisions could not be revisited without formal notice of rescission, which was not filed in time.
The deletion of Clause 14 has been one of the most contentious elements in the long-running debate over electoral reform in The Gambia. Advocates of diaspora voting argue that inclusion of the clause — even without immediate constituency demarcation — would compel authorities to move toward fulfilling the constitutional promise.
Critics, however, maintain that implementing diaspora voting without a clear framework for representation would be legally and logistically unworkable.
As of Tuesday, lawmakers resumed the consideration stage of the Elections Bill, moving through its more than 150 clauses. The Assembly reached Clause 38, which deals with the replacement of voter cards. That provision allows voters who have lost or damaged their cards to apply in writing for a replacement, subject to a prescribed fee and, where applicable, return of the damaged card.
Other clauses under review included:
- Clause 39, which outlines nomination procedures for presidential, parliamentary, and local government elections, and requires candidates to satisfy constitutional and statutory qualifications.
- Clause 123, which imposes penalties of D50,000 or two years imprisonment, or both, for electoral offences such as bribery, duress, and personation.
- Clause 135, which affirms that all registered voters are entitled to participate in referenda, subject to lawful disqualification, and that a voter must produce a valid voter’s card to cast a ballot.
The bill, which seeks to repeal and replace the current Elections Act (Cap. 3:01), aims to align Gambia’s electoral laws with international best practices and ensure full participation of eligible citizens in free and fair elections.
The draft law also introduces new provisions for how final election results must be published by the IEC, including detailed statistical breakdowns and analysis by constituency.
As deliberations continue, the future of diaspora voting remains uncertain — despite judicial affirmation and growing calls for reform.
At press time, lawmakers were still in session, working clause by clause through the draft legislation inside the National Assembly chambers in Banjul.
