QUESTION OF THE DAY
It is important to emphasise that the provision of an Elections Act must not contradict the provisions of the Constitution.
Section 4. of the Constitution reads:
“This Constitution is the supreme law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”
Section 48 of the constitution did provide for a second ballot if none of the Candidates had more than 50 percent of the votes cast. This was amended in 2003. The Constitution now reads:
“(3) No person shall be elected as President on a first ballot unless he or she receives the highest number of votes validly cast at that election.”
This is now the law. No provision in an Elections Bill can change it. It could only be changed through amendment of the Constitution.