It is important to have a clear perspective of where we are in the constitution building process and where we are heading to. A notice to introduce a government bill has been published as required by section 226 of the Constitution aimed at promulgating a 2024 draft constitution whose content should have been published in the Gazette as Supplement “B”.
Foroyaa has emphasized that it is yet to receive the Gazette containing the content of Supplement “B” as indicated in the Gazette Notice.
It is important for every Gambian to rely on Supplement “B” as the authentic document of the Barrow Administration Draft Constitution. There is nothing stopping Gambians from reviewing the content and debate on any subject matter. They may even compare the Barrow Administration Draft Constitution 2024 and the CRC Draft Constitution 2020.
However the country must not lose focus on what should happen in the constitution building process and what should be the end result.
First and foremost, it should be recognised that a constitution building process is a legislative or law making process. The bill to promulgate a Constitution must be published and eventually laid before the National Assembly. Hence it will move from the hands of the executive into the domain of the National Assembly. The National Assembly has all the powers to consult wisely and have an input in the draft. It the Bill is adopted on the third reading, then it goes to the IEC for a referendum.
Fifty percent of the registered voters must vote and seventy five percent of those who have voted would have to say ‘Yes’ to the Bill in order for the Constitution of the Third Republic to come into being after assent by the President.
Despite all the debates that may take place Gambians will be left with two fundamental questions both at the level of the National Assembly and the referendum. Would the content of Supplement “B” regardless of what it becomes after National Assembly scrutiny and input replace the content of the 1997 Constitution or will it be rejected to retain the 1997 Constitution? No matter what Gambians decide, the country will ultimately have to have a new constitution or remain with the 1997 Constitution. That is the catch 22 situation Gambians are in.
