Saturday, May 30, 2020

WHAT HAPPENS WHEN THE OFFICE OF PRESIDENT BECOMES VACANT?

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Under the Constitution of the Republic of The Gambia, the office of President could become vacant if a motion for a vote of no confidence is passed in the National Assembly by two thirds of the members. This is provided for under Section 63 of the Constitution.

The President may vacate his or her seat under Section 66 if he is found to be suffering from infirmity of mind or body.

Thirdly, the President may vacate his or her seat if he is subjected to impeachment proceedings under Section 67 of the Constitution for violation of the Constitution or misconduct.

If the office of President becomes vacant, the Vice President will take over. Where there is no Vice President, the Speaker would take over.

Jurists have argued that since the Vice President and Speaker are not elected, there is need to include a provision in the Constitution which would require a Presidential election after the Office of President becomes vacant. Jurists have also argued that a Vice President and Speaker who is above 65 under the Present Constitution would not be qualified to be President unless the 65 year age limit is repealed.

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