What Is The Status Of Executive Power And The National Assembly After The Election?

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QUESTION OF THE DAY

According to section 63 subsection (1), the term of office of a president is five years. President Barrow was declared elected on 2nd December, 2016 and took the oath of office on 19th January, 2017. He therefore became president on 19th January, 2017. He will thus continue to serve his first term till 19th January, 2022 when it will end.

Will there be any need for him for him to be sworn in since he is one and the same person transiting from one term to another? He will certainly have to be sworn in for the second term.

According to section 63 subsection (2),

“The  person  declared  elected  as President  shall  take the prescribed   oaths and  assume  office  on  the  day  the  term  of  office  of the 

 incumbent   President expires.”

President Barrow was declared elected by the IEC on 5th December, 2021 and “shall take the prescribed oaths and assume office on the day” his first term expires.

In the same vein, in accordance with section 99 of the Constitution, the current National Assembly shall stand dissolved just a day before the new National Assembly comprising those elected in the April 2022 National Assembly elections is inaugurated. The president is authorised to announce the inauguration in a Proclamation in accordance with section 97 of the Constitution.