The Gambia at a Crossroads: The Urgent Struggle for Diaspora Voting Rights. A Historic Ruling Overlooked: The Supreme Court’s Decision is Final, and the Apex Court is Ultimately Answerable to God. The Fight for Diaspora Voting in The Gambia Must Continue.
Alagi Yorro Jallow.
Fatoumatta: The Gambia stands at a transformative juncture in its democratic evolution. The 2021 landmark ruling by the Supreme Court of The Gambia, which empowers Gambians living in the diaspora to register and vote in national elections, is nothing short of historic. This decision not only reinforces our constitutional principles but also affirms the fundamental nature of our democracy—one that values the voice of every Gambian, irrespective of their geographical location. As we embrace this pivotal moment, it is essential to consider the political will, the integrity of our institutions, and our shared duty to uphold the rule of law. We must ensure that the rights of all citizens are not only acknowledged but vigorously protected.
This article aims to inform and engage our nation, illuminating the pressing issues at hand and charting a clear course for our future. “Strike while the iron is hot” emphasizes the urgency of seizing an opportunity as soon as it presents itself. On Wednesday, January 27, 2021, the Supreme Court of The Gambia delivered a groundbreaking decision, affirming that Gambians living in the diaspora have the right to register and participate in national elections. The Court unequivocally declared that, according to Section 39 of the Constitution, every Gambian—including those living abroad—is entitled to register and vote for the President, members of the National Assembly, local government offices, traditional rulers, and in referenda. Now is the time for action. Let us collectively rise to the occasion and ensure that the voices of all Gambians, regardless of where they reside, are heard loud and clear in the democratic processes that shape our beloved nation.
Supreme Court Justices and doctors hold a revered position, often likened to being next to God, as their decisions carry the weight of finality. As one Justice powerfully stated, “We are final not because we are infallible; rather, we are infallible because we are final.” This statement encapsulates a vital truth: Justices of the Supreme Court are human and, like all people, capable of error. While we may sometimes disagree with their rulings, we must accept that these decisions are binding and form the bedrock of our legal system. Justice Chukwudifu Oputa, esteemed as the Socrates of the Supreme Court, profoundly articulated the principle that apex court justices possess the ultimate authority. He asserted, “We are final not because we are infallible; rather, we are infallible because we are final.” This fundamental principle reinforces that the Supreme Court only reexamines cases when a serious injustice has occurred. Therefore, we must treat every decision issued by the Court with the gravitas it deserves. The great Justice Robert Jackson of the American Supreme Court poignantly articulated, “We are not final because we are infallible, but we are infallible because we are final.” This powerful assertion reminds us that the legitimacy of our judicial system does not stem from the personal qualities of the judges, but rather from their designated role as the ultimate arbiters of justice in our society.
Fatoumatta: In 2021, the Supreme Court of The Gambia, under the leadership of Chief Justice Hassan B. Jallow and Justices R.C. Sock, M.M. Sey, A. Bah, and E.F. M’bai, took a landmark step by directing the Independent Electoral Commission (IEC) to register Gambians living abroad, empowering them to participate in all public elections and referenda. The Court boldly affirmed that, pursuant to Section 39 of the Constitution, every Gambian, regardless of where they reside, has the undeniable right to register and vote in elections for the presidency, members of the National Assembly, local government offices, traditional rulers, and referenda. Furthermore, the Supreme Court emphatically concluded that the IEC bears the crucial responsibility to uphold the provisions of Section 39 of the Constitution and comply with Section 11 of the Elections Act (Cap 3:01). It also ruled that Section 17 of the Elections (Amendment) Act 2015 was enacted within the proper legislative authority. These groundbreaking declarations were encapsulated in a lead judgment recently delivered by Justice Raymond C. Sock, following a civil suit filed by Bakary Bunja Dabo, Cherno M. N’jie, Pa Samba Sadaga Jow, Jeggan Grey Johnson, and Sidi Muhammed Sanneh against the Attorney General and the IEC. This ruling not only reaffirms the rights of Gambians abroad but also strengthens the foundational principles of democracy and justice in The Gambia.
Where is the collective political will among the government, opposition, civil society, and the Independent Electoral Commission (IEC) to work together on the crucial constitutional amendments? It is essential that we ensure there are no barriers preventing the passage of the Election Bill, allowing our Gambian diaspora to exercise their voting rights. When laws are broken, it is the duty of law enforcement to uphold them. It is perplexing to witness the Attorney General and Minister of Justice leadership provide questionable justifications for the erosion of legal standards. Would such reasoning also apply if the police were to encounter a minor recklessly driving on the Banjul-Brikama Highway? This kind of thinking reflects a stunted growth of reasoning. We have yet to hear that the Pygmies have migrated to The Gambia; such a notion simply distracts us from what should be clear distinctions about right, legality, and morality. There should be no confusion in the relationship between a mother dog and her puppy regarding what is appropriate behavior. One might cynically suggest that the Attorney General may be highlighting a deeper truth—that humanity itself can often struggle with growth and understanding.
Indeed, Alexander Graham Bell, the brilliant Scottish engineer who invented the telephone, noted that “man is the result of slow growth,” pointing out that while a puppy matures in mere weeks, it takes a human many years to reach adulthood. However, this is not the message the Attorney General intended to convey. Instead, the political class words have insulted our collective intelligence and reason. Their comments represent a bold affront to common sense, especially in light of the critical need for the Election Bill and the right for the diaspora to vote to be made law. The greater scandal lies not just in the delay of these rights but in the apparent normalization of this disregard by the Attorney General, the IEC, the National Assembly, and the political class since the Supreme Court affirmed in 2021 that the Gambia diaspora has a constitutional right to vote.
Reflecting on history, Nicholas Murray Butler, former president of Columbia University, expressed concerns in the early 1920s regarding widespread “disregard for law, disobedience of law, and contempt for law” in America. He warned that such attitudes could lead to America becoming a “law-breaking nation par excellence.” The sentiments he observed in the United States a century ago eerily mirror the current landscape in The Gambia. As determined by our apex court, it is clear that Gambian citizens abroad must be registered voters. So why has the executive, the legislature, and the IEC failed to enforce this important Supreme Court ruling since 2021? And why has there been a troubling silence from the opposition and civil society regarding this significant issue? It’s disheartening to think that our political class and civil society have not risen to challenge the established norms that deny diaspora voting rights, seemingly prioritizing their electoral interests over the rights of our citizens abroad.
The IEC’s seeming indifference in addressing this injustice must be addressed—this behavior should not go unquestioned. The overwhelming lack of accountability in our public affairs is evident, as we witness the disenfranchisement and marginalization of many Gambians. Those who orchestrate these injustices must not continue to walk free while their victims despair. The Gambia deserves to be a nation governed by the rule of law—this is essential for our continued progress and prosperity. However, we find ourselves in a troubling reality, where laws often serve the lawless, undermining the very principles upon which our society stands. It is disheartening to see lawmakers lack the sense of urgency that should be paramount in prioritizing the rights of the diaspora to vote.
There is a stark reality where intimidating tactics are employed against those advocating for their rights. We must remember that law loses its value when it is without the strength to confront lawbreakers. In a system where law enforcement seems to bow down to lawlessness, it becomes challenging to foster a hopeful and noble society. However, I believe that by rallying together with determination and purpose, we can advocate for the rights of all Gambians, including those in the diaspora, to ensure their voices echo in our democracy. Let us unite to foster a brighter, more equitable future for all!
Fatoumatta: There have been remarkable moments amidst the uncertainties we face. Have you seen the social media posts about the bloodied woman who fiercely confronted a national assembly member, exposing the bullying that has plagued us? She arrived heavily bandaged, her expression resolute. Someone rightfully called her a heroine, and I believe she embodies the indomitable spirit of the new Gambia, a spirit that has been burgeoning for months and years. It was the weak capitulation of the past that allowed serial rapists to strike without fear time and again. The upcoming 2026 presidential election is more than just a political event; it’s a crucial process of reclaiming what belongs to the people, requiring relentless efforts to uproot entrenched powers.
Steve Maraboli, the author of “Life, the Truth, and Being Free,” wisely noted that “life doesn’t get easier or more forgiving.” However, the challenges we encounter build our strength and resilience. Against all odds, Gambians in the diaspora have steadfastly been denied their right to vote and be voted for by the political elite, even after receiving the endorsement of the Supreme Court. It is inspiring to witness how this resilience has transformed into a powerful movement. I’ve seen determined individuals pushing through the iron curtains of entitlement and impunity to reclaim their lives.
As I write, the Gambian diaspora community online exemplifies what can be achieved when people commit themselves to holding their leaders accountable. The 2026 presidential election might not be this fraught if the diaspora voting process had respected the Gambian electorate in choosing their candidates. The selection of candidates is a critical issue in modern democracy, and The Gambia is painfully challenged by the corrupting influence of money in politics. The late American professor of political economy, Allan H. Meltzer, pointed out in a November 2016 article for the Hoover Institution that the grim reality of the American presidential election that year was evident before the election even occurred. The misfortune emerged at the moment the candidates were selected. He quoted a Wall Street Journal reader who aptly described the choice for American voters as one between “a vulgar, boorish lout who disrespects women and struggles with impulse control, or a scheming, robotic liar with a lifelong thirst for power and a circle riddled with anti-Catholic bigots.” Can we articulate the unfortunate choices presented to us by the Gambian political class, including the opposition and the IEC?
I find it challenging to convey the depth of this disillusionment, yet it’s clear that these regrettable options have incited outrage among Gambian Diaspora youth and other well-informed segments of the population, prompting protests and the withdrawal of remittances and investments in The Gambia. The disgust and disdain with which voters have reacted to the offerings of politicians should serve as a stark warning. Yet, our leaders seem to turn a blind eye, convinced of their supremacy. One of my professors, Rothberg, has candidly stated that The Gambia is a low-trust society, a situation that cannot be remedied. “No one can fix a low-trust family, a low-trust community, or a low-trust nation,” he asserted.
Fatoumatta: I wholeheartedly agree. We witnessed President Adama Barrow, alongside his government and the legislature, blatantly violating the law regarding diaspora voting rights. He understood his duty to uphold the law impartially, yet he also recognized that many in the Gambian diaspora viewed him with skepticism; thus, he resorted to illegal measures. The division within the national assembly, where only 25 out of 58 members supported the diaspora voting bill while 14 opposed it, raises critical questions. Was this a mere oversight, or a calculated betrayal of loyalty to party and tribe? Such duplicity permeates our political landscape. Democracy cannot thrive where the populace cannot trust their leaders with their lives. Victors are those who rise from the ashes of insult to aspire for greatness. Mizuta Masahide, a 17th-century Japanese poet, provides a profound perspective: even after losing everything, he continued to reach for success. He wrote, “My barn having burned down, I can now see the moon.” Let this be a lesson for us all.
