By Kebba AF Touray
For the second time in five years, Gambia’s legislature has voted down a bill that would have paved the way for a new constitution, dealing a crushing setback to efforts to overhaul the country’s governance framework and fulfill one of the central promises of the post-Jammeh era.
On Monday, July 7, 2025, lawmakers rejected the Promulgation Bill, 2024, during its second reading in the National Assembly. The bill, which required the support of three-quarters of the 58-member parliament to proceed, garnered only 35 votes in favor and 21 against—falling short of the constitutional threshold required to move to the consideration stage. As a result, the draft was officially negated.
The defeat marks a sobering déjà vu for many Gambians who, in 2020, witnessed the legislature reject an earlier draft constitution widely hailed as a “people’s document.” That version, the product of a D116 million effort by the Constitutional Review Commission (CRC), was meant to mark a clean break from the 1997 constitution—long viewed as a relic of autocracy associated with former President Yahya Jammeh.
“This is the second time the assembly has rejected an opportunity to usher in a new republican era for The Gambia,” said Minister of Justice Dawda A. Jallow, who had tabled the motion. “While I acknowledge that our honorable members are divided along political lines, I submit that constitutional reform transcends partisan politics, and speaks to the very soul of our nation, and our commitment to future generations of Gambians.”
The 2024 draft was introduced during the fourth ordinary session of the 2024 legislative year as part of President Adama Barrow’s stated commitment to democratic reforms. The bill aimed to repeal the 1997 constitution and replace it with a modernized charter that included key provisions such as presidential term limits and an absolute majority (50+1) requirement to win elections.
A House Divided: Calls for Revision vs. Rejection
Despite the bill’s failure, Monday’s debate was marked by passionate pleas from both supporters and critics of the draft.
Hon. Amadou Camara of Nianija, who seconded the motion, described the CRC’s work as a sincere effort that should not be discarded again. “Even though I voted against the 2020 draft, if it came in the same format today, I would reject it again. But the 2024 draft has key provisions like term limits and 50+1, which are demanded by the people. We should allow it to reach the consideration stage and make the necessary amendments,” he said.
His colleague, Hon. Omar Jobe of Niani, struck a similar tone: “No constitution is perfect. We should allow the 2024 draft to go to the consideration stage, so that we will be able to make any amendments that are necessary.”
Others, however, remained unmoved.
Hon. Muhammed Kanteh of Busumbala dismissed the draft entirely: “The 2024 draft is not fit for purpose. All the fundamental provisions in the 2020 draft—which was the people’s draft—have been butchered in this version.”
Hon. Bakary Kora of Upper Fulladou West raised concerns about the public consultation process. “Majority of the people were not consulted on this draft,” he claimed, adding that he had to conduct his own community engagement to inform his constituents.
Hon. Nfally Kora of Tumana appealed for the bill’s progression, citing the significant public funds invested. “A lot of energy and resources went into this. Let’s not waste it.”
But critics, like Hon. Dembo Sanneh of Foni Bondali, argued that term limits alone do not justify adopting the draft. “Every president should self-assess. If you believe you’re delivering, you can seek re-election. That should be the test—not what’s in the constitution.”
In a particularly stark rejection, Hon. Muhammed Lamin Bah of Banjul North said, “The people of my constituency have concerns over the issue of citizenship in this draft. The low turnout at consultations shows people are not interested—and they never will be in this 2024 draft.”
Hon. Assan Touray of Bakau was unequivocal: “I supported the 2020 draft, but I reject this one 100 percent.”
Hon. Sulayman Saho of Badibu Central labeled the draft “executive dominated” and questioned the exclusion of diaspora voting rights. “I cannot trust that this bill, if passed, would genuinely reflect the aspirations of Gambians at home and abroad.”
A Deeper Democratic Struggle
Supporters like Hon. Suwaibou Touray of Wuli East traced the reform efforts back to 2016, when opposition parties formed the Gambian Opposition for Electoral Reform (GOFER) to demand constitutional changes from the Jammeh administration.
“We asked for term limits, the removal of age limits, absolute majority voting. Jammeh rejected all of it,” Touray recalled. “So we formed a coalition and removed him in 2016 to make those changes. Now that we’re in power, we’re refusing to do them?”
Touray warned against complacency. “Everything hinges on democracy. If it is not improved and consolidated, we risk backsliding. This draft should be given the significance it deserves.”
Majority Leader Hon. Billay G. Tunkara appealed for calm and compromise: “Let us allow the bill to move to the consideration stage, and then we can raise our concerns. The idea that this is an ‘executive draft’ is misleading.”
Hon. Madi Ceesay of Serrekunda West objected strongly to the unchecked presidential powers embedded in the draft. “It gives the President unchecked authority to appoint the Auditor General, Accountant General, IGP, and five nominated members—all without parliamentary confirmation. That is cancerous.”
Final Blow Comes in the Vote
The bill’s fate was sealed after a day-long debate when Speaker Fabakary Tombong Jatta called for a vote. The outcome—35 votes in favor, 21 against—fell short of the three-quarters majority required under Section 226 of the 1997 Constitution to advance the bill to the next legislative stage.
Earlier in the session, Minister Jallow had urged lawmakers to reflect on the nation’s needs, not their political affiliations. “No bill that comes to this chamber will ever be perfect,” he said. “But if we do not try, if we do not engage, we lose the chance to shape the kind of Gambia we all aspire to live in.”
He concluded on a deeply personal note: “I stand before you not just as Attorney General, but as a Gambian who shares the collective aspiration for a stronger, more democratic republic that serves all people with justice and dignity.”
But that aspiration—for now—remains on hold.
