Alagi Yorro Jallow
Fatoumatta: The Gambian government, opposition, civil society, and the Fifth Columnists need to consult and agree on the reintroduced and gazetted draft constitution before presenting it again to the National Assembly for debate and voting. Without such consensus, governance will persist under the remnants of Yahya Jammeh’s legacy. The legitimacy of a home-grown constitution largely depends on the agreement of those it governs. It is crucial that this document reflects the collective will and values of the nation’s citizens. Achieving this consensus usually involves inclusive and transparent processes that encourage public discussion, debate, and contribution. This not only ensures that the constitution serves as a legal framework but also as a beacon of national unity and shared intent. Although the process of reaching consensus can be intricate and protracted, it is essential for the constitution’s endorsement and endurance.
A constitution is frequently referred to as a living document due to its design for adaptability to societal shifts, technological advancements, and the evolving values of its people. As societies progress, constitutions often need amendments to meet emerging challenges and maintain their relevance and efficacy. Such adaptability enables a constitution to persist through time, mirroring the ambitions and necessities of successive generations while offering a consistent structure for governance. It represents a fine equilibrium between upholding foundational principles and adjusting to the dynamic contours of a nation’s political, social, and economic fabric.
Fatoumatta: Never before has our generation witnessed the Gambian people speak so uniformly about their independence and steadfastness in upholding the values of our new constitutional charter for the Third Republic. I hope these values are etched in our hearts at this pivotal moment as we approach the 2026 ballot. “The greatness of any nation resides in its loyalty to the Constitution, its commitment to the rule of law, and above all, its reverence for God,” as the esteemed former Kenyan Chief Justice, Hon. Mr. Justice David Maraga, so articulately stated. The Gambia is in need of a new, indigenous constitution to take the place of the 1997 constitution.
The previous generation bequeathed to us an imperial Constitution and a military-crafted 1997 constitution, which was initially modeled after the Ghanaian Constitution. However, it was significantly altered and deformed by Yahya Jammeh through nearly 54 amendments, aimed at perpetuating his own power. This legacy was not easily won; it came through immense sacrifices, including the loss of lives, limbs, and freedoms. It is our duty to build upon the progress made for ourselves and future generations. Failure to do so would mark us in history as the generation that failed to uphold our ancestors’ cause. The strength and character of our nation depend on how we manage and utilize our collective voice. The disorganized management of the new Constitution undermines public trust in governmental institutions and diminishes the civic enthusiasm that should be exhibited by the citizens of a country.
A dissenting vote against the national assembly’s reintroduced draft constitution would pave the way for the total domination of the state’s last independent branch by the influential elite and cartels governing this country. It would also signify the ultimate betrayal of our independence heroes’ sacrifices and the grand vision promised by the new constitution. As the saying goes, “In matters of principle, stand firm as a rock; in matters of taste, go with the flow.”
Fatoumatta: The need to revive the 2020 Draft Constitution, marking the Third Republic for the sovereign people of The Gambia, is critical. Headlines and social media are rife with sarcasm and humor, mirroring the strained political relations between the government, the opposition, civil society, and those labeled as Fifth Columnists—individuals acting against national interests. The National Assembly’s dismissal of the draft and the failure of the ‘Abuja Constitution Talks’ spearheaded by ex-Nigerian President Goodluck Jonathan in 2021 have intensified this urgency. The ambivalence shown by Gambian political factions in the Draft Constitution discussions reflects their uncertainty about the path forward in the constitutional reform process. The proposed “amendment clauses” to the Draft Constitution have yet to resolve the impasse over how to resurrect the 2020 Draft Constitution that the National Assembly rejected.
Three years ago, Dr. Jonathan aimed to assist in the constitutional transition process that was at an impasse. This effort was designed to aid the country’s constitutional review process and to expedite the creation of a national consensus for a new Third Republican Constitution to replace the constitution of 1997, which was established by the military. However, reports indicate that key clauses from the original draft were significantly altered or omitted by the executive branch without proper consultation, leading to a version of the 2020 draft constitution that lacked the comprehensive input of opposition parties and civil society. This resulted in a 2020 Draft Constitution that was seen as superficial and not reflective of a consensus among the Gambian people.
Fatoumata: Political narratives foster unity of purpose among individuals with diverse perspectives and opinions, leveraging their natural freedom of thought. This is what renders a narrative a powerful political instrument. Within the spectrum of ideas, narratives have a shorter lifespan than ideologies because they are reactionary, depending on opposition to an unfavorable reality or concept for their relevance. In contrast, ideologies draw significance from their inherent guiding principles. Narratives are increasingly useful in contemporary politics, where governance is complex and difficult to distill into simple terms. Politicians who need to present their agenda without inviting scrutiny, or those who aim to encapsulate their opponents within a single, unpopular aspect of their character or administration, find narratives particularly advantageous.
Political narratives act like dye, coloring everything they touch. These narratives can even politicize inherently apolitical matters, leaving a lasting stain on the concept throughout its existence. Vigilance is crucial, as inconspicuous ideas previously embedded in the Draft constitution—such as the contentious retroactive clause of the two-term limits—have resurfaced, now legitimized within the primary constitutional consultative process. At this juncture, with the new draft spearheaded by the executive and discussions ongoing for a constitutional ceasefire, it’s premature to adopt definitive stances. The focus should be on the amendment clauses and draft resolutions that aim to revive the original 2020 Draft constitution and potentially repeal the 1997 constitution. These documents, once public, warrant meticulous examination. Any draft resolutions or amendment clauses that serve individual interests, such as contesting the extension of the current President’s term or the controversial retroactive two-term limit clause, ought to be dismissed outright.
While this stance may seem dogmatic at first glance, it is underpinned by a straightforward rationale. The Gambia is currently facing unrest. A clear cause of the disturbance is President Barrow’s decision to remain in office beyond 2026. Ignoring this issue to provoke another would be illogical and self-destructive.
For a constitution to gain widespread acceptance, it must avoid creating political outcomes that are excessively unfavorable to any key player. While retrospective legislation can sometimes be justified under extraordinary circumstances, no such conditions currently exist in The Gambia to warrant such arbitrary laws.
The essence of fairness is maintained by not altering the rules midway through the game. Consider the implications if, with just two years until the next presidential election, we decide to reopen discussions on the draft constitution, focusing on the controversial necessity clause challenged by the opposition and other stakeholders. It begs the question: who are we trying to fool?
Fatoumatta: While the Draft constitution could see improvements, no country’s Constitution is without flaws. The primary issue with the Draft constitution is its elite bias, not reflecting the People’s desires and aspirations. The current plans for wider national consultation on the new Draft constitution will not correct this defect. Firstly, the constitutional discussions are driven by the executive rather than the Gambian People. Secondly, unless the process starts with what could be termed the First Amendment—shifting the Constitution’s focus from the Government to the People and ensuring contentious issues are decided by plebiscite or referenda—the proposed “amendment” will be no different from past elite-driven changes. This First Amendment should be properly introduced, debated, and approved by the National Assembly, with active participation from the People in both the amendment and consultation phases.
For the moment, let us remain vigilant and keenly observant! Vigilance is indeed the price of liberty. A narrative often feeds on discord, creating victims and villains where none may exist, to assert its relevance and the significance of its proponents. A political narrative typically resists subtlety and a plurality of opinions, serving as a relentless means to unify individuals while prioritizing conformity over authenticity. Such unity is perceived as the tool to overcome a chosen adversary, branding those who question the narrative as allies of the foe. Proponents of the narrative usually exhibit totalitarian traits, surrounded by unquestioning supporters, or are themselves the unquestioning adherents, devoted to the narrative’s figurehead.
A political narrative can become paranoid, turning murderous or violent when faced with possible defeat. It rationalizes acts of cruelty and lawlessness as necessary for its survival and success. Such narratives are inherently competitive but refuse to acknowledge defeat. They render dialogue impossible, creating a divide that is irreconcilable, and they galvanize and unite individuals with similar views to fight vehemently for their shared cause, often based on shaky convictions. Moreover, it is undeniable that such narratives can lead to loss of life.
The error of Gambians who advocate for the dismantling of the rule of law and the establishment of a dictatorship, mistakenly believing that only other ethnicities and political opponents will suffer the consequences, is a folly. The Gambia has suffered greatly from this path before. There are numerous instances of this recurring and possibly innate mistake. For example, the specific repercussions of endorsing a dictatorship are significant and far-reaching.
Fatoumatta: Between 1994 and 2017, Gambians and their politicians celebrated and consented to the creation of an imperial presidency, undermining constitutional checks and balances. This led to the deterioration of the rule of law, including forced disappearances, torture, murders, assassinations, and detentions without trial. What am I implying? The Christian Bible recounts how the children of Israel were enslaved in Egypt under a new Pharaoh who was unaware of Joseph’s contributions to Egypt. Similarly, a new Pharaoh could ascend to power in Gambia, with no assurance that they will remember the sycophants and their deeds for the government from 2017 to 2024. The Greeks cautioned that the gods first answer all of a man’s prayers when they wish to destroy him. I hope those who endorse the rising despotism and the erosion of the rule of law in Gambia have their prayers answered. It would be most satisfying to see the next Gambian Pharaoh subjugate the very sycophants and praise singers, particularly those in the front row. And it should come as no surprise if these individuals become the victims of the next Gambian Pharaoh’s tyranny, especially if a dictatorship is established and the rule of law is demolished.
