Public Statement by Madi Jobarteh, Kembujeh 19 December 2024
Challenging the Constitutionality of the 2025 Budget Estimates
I am pleased to inform the public that today I have joined fellow citizens, Sait Matty Jaw, Pa Samba Jow and Baboucarr Nyang in taking the Clerk of the National Assembly, the Minister of Finance and Economic Affairs and the Attorney General before the Supreme Court of the Gambia concerning the tabling of the 2025 Budget Estimates.
You would recall that the Minister of Finance and Economic Affairs Seedy Keita laid the 2025 Budget Estimates before the National Assembly on 15 November 2025. Section 152(1) of the Constitution requires that the President shall cause the Minister of Finance and Economic Affairs to lay the budget estimates before the National Assembly at least 60 days before the end of the financial year.
Laying the budget estimates on November 15 means that the required period of 60 days mandated by the Constitution is violated. Notwithstanding the clear and unambiguous mandatory requirement of the Constitution, the Speaker of the National Assembly made a ruling allowing for the Minister of Finance to lay the Budget Estimates before the National Assembly. The Speaker unilaterally allowed for the Budget Estimates to be laid outside the sixty days prescribed by the Constitution following the apology of the Minister of Finance and Economic Affairs despite the objections raised by some NAMs on the unconstitutionality of his decision.
Considering the foregoing, I have decided to join fellow conscientious citizens to challenge the constitutionality of the decision of the Speaker and the National Assembly. Together with the Speaker, we are also suing the Minister of Finance and Economic Affairs for laying the budget estimates contrary to the dictates of the Constitution and the Attorney General who is the legal advisor of the Government.
We are represented by lawyers Salieu Taal of Temple Legal Practitioners, Abdoulie Fatty of A. Fatty & Co and Lamin J Darboe of Dabanani Chambers. They are offering their services free of charge in the interest of defending the Constitution and the rule of Law in the public interest.
I strongly hold that until we ensure accountability in the public sector, the disregard of the Constitution and flouting of the rule of law shall prevail with impunity. In the interest of good governance of the Gambia and to protect the public interest, there is a need for citizens to stand firm to defend the Constitution and hold public officials accountable.
We call on the support of the Gambian public in this endeavour whose sole objective is to defend the Constitution and ensure that public institutions and officials respect and uphold the laws of the country in the performance of their functions.
For The Gambia, Our Homeland
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Madi Jobarteh
