The Elections Bill is a government bill, not a private member or committee bill.
It is important to point out that every Gambian who attains 18 years and above is entitled to be registered as a voter and to vote in public elections and referenda. This is what is stated by section 39 of the Constitution which reads:
(1) Every citizen of The Gambia being eighteen years or older and of sound mind shall have the right to vote for the purpose of elections of a President and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.
(2). Every citizen of The Gambia who is a registered voter shall be entitled to vote in a referendum held in accordance with this Constitution or any other law.
(3). Every citizen of The Gambia being of the age of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this Chapter and any Act of the National Assembly providing for such elections to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident.”
Hence it is very clear that an Elections Act should go further to define ‘ordinarily resident’ in such a way that all Gambians who have the right to be registered as voters, whether at home or abroad would exercise their right without any obstruction or restriction.
There is absolutely no doubt that every Gambian can trace his or her origin or place of birth to a particular ward, constituency, municipality or region in The Gambia. This is how passports and national identity Cards are acquired.
All democratic countries are improving on their electoral system by ensuring that their citizens have a way of registering their ballots no matter how far they find themselves as affirmed by the Supreme Court decision which cannot be ousted by any attempt to exclude any provision in an Elections Act that calls for registration of Gambians abroad. An Act cannot go against the dictates of the Constitution that is already interpreted by the highest court of the land.
