Honourable Suwaibou Touray Warns Against Rejecting Constitution Bill

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Hon. Touray

By Kebba AF Touray

Hon. Suwaibou Touray, the National Assembly Member for Wuli East, contributed to the debate on the second reading of the Constitution Promulgation Bill, 2025, and described it as a significant bill to promulgate a new constitution for the country. He noted that the exercise was a constitutional review aimed at enhancing and consolidating democracy and said the process was driven by domestic electoral politics designed in such a way that the winner takes all, which he said is unworkable.

Hon. Touray said any additions to the constitution should expand on the duties of citizens in a republic because duties and rights go together. He noted that any society that aims to transform must ensure individual duties such as defending the country, paying taxes, and obeying the law are emphasised.

He described the bill as another opportunity to review the country’s major law and stressed that they must learn from the past and the mistakes of their elders. He recalled the 1965 Republican Referendum and said it failed because politicians then focused on their differences and not on the interests of the Gambia and its people. He added that the political parties at the time concentrated on the egos of their leaders, and the failure of the draft constitution led to five more years under colonial rule.

Hon. Touray said the ears of society are sharp and could record even sounds murmured in far distant secret places and that history would record them badly if they failed to do the needful. He reminded his colleagues that they were not voted into office to avenge the wrongs of the past but to lift people economically, politically and socially.

He cautioned against revenge, saying it tends to separate people since it targets a section of society for retribution and leaves the country divided. Hon. Touray said that by 1970, the people of The Gambia decided to unite and usher in a Republic by voting massively for a new Constitution because they had matured and realised that they must focus on national values like freedom and independence.

He stated that a mishap on the constitutional trajectory occurred in 1994 when the military overthrew the 1970 Constitution and forcefully removed the government entrusted with legitimate power. He said he did not know why the coup happened, but the leaders said it was due to the same person being the presidential candidate for thirty years, rampant corruption, and unfair elections.

He noted that although The Gambia was supposed to be a multi-party state, it became a de facto one-party state disguised as the best democracy in the region. He stated that two wrongs do not make a right and that after two years of military rule, the country transitioned back to constitutional rule and multi-party democracy.

Hon. Touray said multi-party democracy would not succeed where the winner dominates everything and public resources are abused. He said the military junta later realised that they could not continue without the people having a say in their government, which led to the 1996 referendum.

He said at that time there was no Parliament because the junta had dissolved it, and the executive removed two key provisions from the draft: term limits and the absolute majority principle. He added that a transitional clause was inserted to protect themselves from accountability for crimes they may have committed.

He said the people had two choices: vote against the draft and remain under military rule for an unspecified period, or vote for the draft and return to constitutional rule. He said the people made a mature decision by voting ‘Yes’, knowing that failure to do so would prolong military dictatorship.

He said in 2016, the people exercised their power through the 1997 Constitution and voted out an incumbent president, ushering in a new government with a mandate to bring democratic transition. He added that the promise is yet to be fulfilled after eight years and may not be honoured without a new constitution.

Hon. Touray said the journey is still ongoing and urged that they focus on national interest and ethos and avoid individual egos and revenge, which only separate them from collective progress. He called on his colleagues to move the draft to the second reading and provide a platform for the people to have a say.

He said rejecting the draft would suggest they believe the people cannot reason and contribute to building a national constitution. He noted that despite turbulence, another opportunity has arisen and warned that messing up with democracy will make the people pay heavily.

He said the 2024 Draft provides two options: reject it and continue with the 1997 Constitution, which has failed to address fundamental democratic issues, or allow it to pass to the second reading and make necessary adjustments to meet the people’s expectations.

Hon. Touray acknowledged that the draft has many issues but insisted that it is precisely why lawmakers are there — to engage in dialogue and consensus. He warned that failure to do so would shift the blame from the government to the Parliament.

He said rejecting the bill at this stage means shying away from their responsibility as lawmakers and representatives of the people. He stressed that the draft contains almost 400 provisions and no one would agree with all of them, but as people who love their country, they should be able to compromise.

He concluded that history will judge them — either kindly or harshly — depending on what they do on behalf of the people, and urged his colleagues to think and decide wisely.

In the end, the members of the National Assembly voted to stop the bill from passing.