The Malick Jallow Foundation for Children (MJFC) has announced the formal introduction of the Prerogative of Mercy Bill at the National Assembly, marking what it calls a “fundamental stride” towards transparency and accountability in the exercise of presidential clemency powers.
The Bill received its first reading on Friday, 11th July 2025, and was introduced as a Private Member’s Bill by Honourable Alhagie Mbowe, who collaborated with the MJFC throughout the development process. The Foundation said the initiative was spearheaded under the leadership of its Founder and President, Lawyer Malick H.B. Jallow, and is designed to provide legislative clarity around a power already enshrined in the 1997 Constitution.
“The idea to introduce and work towards a Prerogative of Mercy Bill was initiated by the Foundation,” MJFC noted in a press statement signed by Mr. Jallow, adding that the goal is to strengthen the exercise of presidential mercy powers with “greater certainty, objectivity, and transparency.”
Under Section 82 of the 1997 Constitution, the President of The Gambia is accorded the prerogative to grant pardons, respite, or substitute less severe punishments. However, critics and advocates alike have long called for procedural safeguards and clear criteria to avoid abuse or politicization.
The Foundation emphasized that the proposed law is intended to regulate the process, ensuring that it operates in a structured and accountable manner, particularly in matters affecting vulnerable populations such as juvenile offenders, persons with disabilities, and those with severe health conditions.
The MJFC expressed gratitude to its Board of Advisers and gave special thanks to Hon. Mbowe for what it described as his “commitment, passion and tireless efforts” in helping to shape the Bill. It described the collaboration as a testament to “what can be achieved through civic-public partnership.”
While the content of the Bill is yet to be debated in full, the Foundation expressed optimism that the National Assembly would endorse the legislation as part of a broader effort to enhance good governance.
“It is now hoped that the Bill would be favoured by the Honourable Members of the National Assembly to pave way for what bears the hallmark of a fundamental stride in ensuring transparency and certainty in the exercise of a fundamental constitutional function of the Presidency,” MJFC stated.
The Bill’s progression to the second reading will determine its fate in the legislative process, where members of the National Assembly will engage in detailed debate on its merits and provisions.
