CONSTITUTION O F THE REPUBLIC O F THE GAMBIA, 1997 .
CONSTITUTIONOFTHE REPUBLICOFTHE GAMBIA, 1997REPRINED 2002
The Constitution of the Republic of The GambiaARRANGEMENT OF SECTIONSSectionCHAPTER ITHE REPUBLIC1.2.3.The RepublicPublic SealNational flag and anthemCHAPTER IITHE CONSTITUTION AND THE LAWS4.5.6.7.Supremacy of the ConstitutionEnforcement of the constitutionDefense of the constitutionThe Laws of The GambiaCHAPTER IIICITIZENSHIP8.9.10.11.12.12 A.13.14.15.16.Citizens on the Commencement of the ConstitutionCitizen by birthCitizens by DescentMarriage to a CitizenNaturalisation as a CitizenDual CitizenshipDeprivation of CitizenshipRestoration of CitizenshipActs of the National assemblyInterpretation of Chapter III
CHAPTER IVPROTECTION OF FUNDAMENTAL RIGHTS AND 31.32.33.34.35.36.37.38.Fundamental Rights and FreedomsProtection of Right to LifeProtection of Right to Personal LibertyProtection from Slavery and Forced LabourProtection from inhuman TreatmentProtection from Deprivation of PropertyPrivacyProvision to Secure Protection of the Law and Fare TrialFreedom of Speech, Conscience, Assembly, Association and MovementPolitical RightsRight to MarryRights of WomenRights of ChildrenRight to EducationRights of the DisabledCultureProtection from DiscriminationDeclaration of State of Public EmergencyDerogations from Fundamental Rights under Emergency PowersPersons Detained under Emergency PowersEnforcement of Protective ProvisionsInterpretation of Chapter IVCHAPTER VREPRESENTATION OF THE PEOPLEPART1: THE FRANCHISE39.40.41.The Right to Vote and be RegisteredSecret BallotElectoral LawsPART 2:42.43.44.45.The CommissionThe Functions of the CommissionFinancialElectoral LawsPART 3:46.47.48.49.THE INDEPENDENT ELECTORAL COMMISSIONPRESIDENTIAL ELECTIONSElection of a PresidentNomination of CandidatesPoll on an ElectionChallenge to Election of President
PART 4:NATIONAL ASSEMBLY CONSTITUENCIES50Delimitation of Constituencies51525354555657Deleted by No. 6 of 2001PART 6: SEYFOLU AND ALKALOLU58 Appointment of a District Seyfo59 Appointment of an AlikaloPART 7: POLITICAL PARTIES60. Political PartiesCHAPTERVITHE EXECUTIVEPART1: THE PRESIDENT61 Office of President62. Qualification for Election of President63. Tenure of office of President64.Temporary exercise of President’s functions65. Vacancy in the Office of President66. Mental of Physical incapacity67. Misconduct by President68. Salary and Allowances69. Immunity from Civil and Criminal ProceedingsPART2: THE VICE PRESIDENT SECRETATIES OF STATE AND THECABINET70. The Vice President71. Secretaries of State72. Functions and Incidents of Office73. Cabinet74. Responsibility of Cabinet and Secretaries of State75 Vote of CensurePART3: EXECUTIVE POWERS76 The Executive Power77. The Executive Power and the National Assembly78. National Security Council79. Foreign Affairs80. Constitution of Public Offices81. Administration of Departments of State
82. Prerogative of Mercy83. Honours and TitlesPART4: PROSECUTIONS84. Director of Public Prosecutions85. Control of Prosecutions86. Private ProsecutionsCHAPTERVIITHE NATIONAK ASSEMBLY AND LEGISLATIONPART1: ESTABLISHMENT OF THE NATIONAL ASSEMBLY AND MEMBERS87 Establishment of the National Assembly88. Members of the National Assembly89. Qualifications for Membership of the National Assembly90. Disqualifications for Membership of the National assembly91. Tenure of Seats of Members of the National Assembly92 Recall of Members of the National Assembly93. The Speaker and the Deputy Speaker94. Clerk of the National Assembly95. Remuneration and AllowancesPART2 THE MEETING AND DISSOLUTIONS OF THE NATIONAL ASEMBLY96 General Election97. Sessions of the National Assembly98. Sittings of the National Assembly99. Term of the National AssemblyPART3: LEGISLATION AND OTHER POWERS OF THE NATIONALASSEMBLY100. The Legislative Power101. Introduction of Bills and motions102. Additional Functions of the National AssemblyPART4: PROCEDURE IN THE NATIONAL ASSEMBLY103 Procedure in the National Assembly104 Vacancy and Quorum105 Language in the National Assembly106.Voting in the National Assembly107. Unqualified Person sitting or voting108.Regulation of Procedure in the National Assembly109. Committees of the National Assembly110 Contempt of the National Assembly111. The National Assembly Service
PART 5: RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES112. Responsibilities of members113. Freedom of speech and Debate114. Privilege of the National Assembly115. immunity from Service of Process and Arrest116. Immunity from Witness Summons117. Immunity from Jury Service118. Immunity for Publication of Proceedings119. Privileges of WitnessesCHPATER VIITHE JUDICATUREPART1: THE COURTS OF THE GAMBIA120 The courts and the judicial Power121. The Chief Justice122. The Superior Courts123. Immunity from Suit124. Courts to give Timely DecisionsPART 2: SUPERIOR COURTSA: The Supreme Court1125. Composition of the Supreme Court126.Jurisdiction of Supreme Court127. Original Jurisdiction128. Appellate JurisdictionB: The Court of Appeal129 Composition of Court of appeal130 Jurisdiction of Court of AppealC: The High Court131. Composition of High Court132. Jurisdiction of High Court133 Supervisory JurisdictionD: Special criminal Court134. Special Criminal Court135. Jurisdiction136. National Assembly to make further provision
PART 3: THE CADI COURT137.The Cadi court137A Cadi Appeals PanelPART 4 THE JUDGES138. Appointment of Judges139. Qualifications of Judges140. Vacancy in office of the Chief Justice141. Tenure of Office of Judges142. Remuneration of JudgesPART 5:ADMINISTRATION OF THE COURTS143.Administrative provisions144.FinancialPART 6:THE JUDICIAL SERVICE COMMISSION145.The judicial service commission146.Appointment of Judicial Officers and Court Staff147.Other Functions of Commission148.Operation and ProcedureCHAPTER IXFINANCEPART 1:PUBLIC FINANCE149.Taxation150.Consolidated Fund151.Withdrawals from Consolidated and other Funds152.Annual Estimates and Appropriation Bill153.Supplementary Appropriation154.Contingencies Fund155.Loans156.Salaries, etc, charged on Consolidated Fund157.The Public DebtPART 2:THE AUDITOR- GENERAL AND THE NATIONAL AUDITOFFICE158.The Auditor-General159.National Audit Office160.Functions of Auditor-General
PART 3:THE CENTRAL BANK161.Establishment of Central Bank162.The Board of the Central BankCHAPTER XTHE OMBUDSMAN163.The National Assembly to establish Office of Ombudsman164.Appointment and tenure of office of Ombudsman165.Independence of OmbudsmanCHAPTER XITHE PUBLIC SERVICESPART 1:OFFICES IN THE PUBLIC SERVICE166.The Public Service167.Appointment to and Removal from offices in the public Service168.Head of the Civil Service169.Protection of Public Servants170.Restriction on Political Activities of Public Servants171.Retirement agePART 2:THE PUBLIC SERVICE COMMISSION172.Establishment of Commission173.Powers of Appointment174.Other powers of CommissionPART 3:PUBLIC ENTERPRISES175.Public EnterprisesPART 4:PENSIONS176.Protection of Pension Rights177.Public Service Pensions to be free of taxCHAPTER XIITHE POLICE FORCE AND THE PRISON SERVICEPART 1:178.The Gambia Police Force179.Deleted by No. 6 of 2001THE POLICE FORCE
180.Police Council181.Deleted by No. 6 of 2001PART 2:THE PRISON SERVICE182.Prison Service183.Control of Prison Service184.Prison Service Council185.Appointments in Prison serviceCHAPTER XIIITHE ARMED FORCES AND THE NATIONAL INTELLIGENCE AGENCYPART 1:186.The Gambia Armed Forces187.Functions188.Control of the Armed Forces189.Armed Forces Council190.Appointments in Armed ForcesPART II:NATIONAL INTELLIGENCE AGENCY191.National Intelligence AgencyCHAPTER XIVLAND COMMISSION192.Land CommissionCHAPTER XVLOCAL GOVERNMENT AND TRADITIONAL RULERSLOCAL GOVERNMENT193.System of Local government194.Local government AuthoritiesCHAPTER XVITHE NATIONAL COUNCIL FOR CIVIC EDUCATION195.National Youth Service196.Participation in the Service197 National Youth Service Board
CHAPTER XVIINATIONAL COUNCIL FOR CIVIC EDUCATION198. National Council for Civic Education199.Functions of the CouncilCHAPTER XVIIICOMMISSION OF INQUIRY200.Commissions of Inquiry201.Presiding Commissioner202.Function and Powers of Commission203.Publication of Report204.Adverse Findings205.Immunities of Witnesses206.The National Assembly to make further provisionCHAPTER XIXTHE MEDIA207.Freedom and Responsibility of the Media208.Responsibility of State owned Media209.Limitations on Rights and Freedoms210.National Media CommissionCHAPTER XXDIRECTIVE OF PRINCIPLES OF STATE POLICY211.Application of the Directive Principles of State Policy212.National integration and Unity213.National Sovereignty and Independence214.Political Objectives215.Economic Objectives216.Social Objectives217.Educational Objectives218.Cultural Objectives219.Foreign Relations220.Duties of a Citizen
CHAPTER XXICODE OF CONDUCT FOR PUBLIC OFFICERS221.Application of Code of Conduct222.The Code of Conduct223.Declaration of Assets224.Ombudsman to report Contravention of Code of Conduct225.Payment of TaxesCHAPTER XXIIAMENMENT OF THE CONSTITUTION226.Alteration of the constitutionCHAPTER XXIIMISCELLANEOUSPART1: APPOINTMENTS AND RESIGNATIONS227. Acting Appointments228. Resignations229. Re- appointments and Concurrent AppointmentsPART2 GENERAL230. Interpretation231. Construction of Various Powers232 Transitional and consequential ProvisionsSCHEDULE 2 SCHEDULE1THE NATIONAL FLAGTRANSITIONAL AND CONSEQUENTIAL PROVISIONSIn the name of God, the Almighty.We the people of The Gambia have accomplished a great and historic task. We have hadour say on how we should be governed. For this Constitution contains our will andresolve for good governance and a just, secure and prosperous society.Our hopes and aspirations as a people were reflected in the enthusiasm and zeal withwhich we embarked on the task of nation building on the attainment of independence.The self-perpetuating rule of the recent past, however, soon gave rise to the abuse ofoffice and related vices which negated the total welfare of the Gambian people. The
sovereign people of The Gambia therefore endorsed the change of government on 22ndJuly 1994 to rectify such evils.This Constitution provides for us a fundamental Law, which affirms our commitment tofreedom, justice, probity and accountability. It also affirms the principle that all poweremanate from the sovereign will of the people.The fundamental rights and freedoms enshrined in this Constitution will ensure for alltime respect for and observance of human rights and fundamental freedoms for all,without distinction as to ethnic considerations, gender, language or religion. Inacknowledging our fundamental rights we also affirm our duties and responsibilities ascitizens of this Country.This Constitution guarantees participatory democracy that reflects the undiluted choice ofthe people. The functions of the arms of government have been clearly defined, theirindependence amply secured with adequate checks and balances to ensure that they allwork harmoniously together toward our common good.As we usher in the Second Republic and beyond we give ourselves and generations ofGambians yet unborn this Constitution as a beacon of hope for peace and stability in oursociety and the good governance of The Gambia for all time.In this spirit, we continue to pledge our firm allegiance to our beloved Country and praythat the Great God of Nations will keep us all ever true to The Gambia.CHAPTER ITHE REPUBLICThe Republic 16 of 2001Public Seal 2.(1)The Gambia is a Sovereign Secular Republic(2)The Sovereignty of The Gambia resides in the people of TheGambia from whom all organs of government derive theirauthority and in whose name and for whose welfare and prosperitythe powers of government are to be exercised in accordance withthis ConstitutionThe Public seal shall be the seal in existence immediately beforethis Constitution comes into force or such other seal as may beprescribed by an Act of the National Assembly.(1)(2)National Flag 3. (1)And anthemThe Public Seal shall be used exclusively for authenticatingmatters of state and no person or organisation, other than theGovernment of The Gambia and those persons who may beauthorised in accordance with an Act of the National assembly,may use the design of the seal or any design resembling it as suchperson’s or organisation’s emblem.The National Flag shall be a flag of the design set out inSchedule1.
(2)The National Anthem shall be the anthem in use immediatelybefore this Constitution comes into force.CHAPTER IITHE CONSTITUTION AND THE LAWSSupremacy 4.Of theConstitutionThis constitution is the supreme Law of The Gambia and any other lawfound to be inconsistent with any provision of this Constitution shall, tothe extent of the inconsistency, be void.Enforcement 5.Of theConstitutionA person who alleges that-(a)any Act of the National Assembly or any thing done under theauthority of an Act of the National Assembly, or(1) any act or omission of any person or authority, is inconsistent with;or is in contravention of a provision of this constitution, may bringan action in a court of competent jurisdiction for a declaration tothat effect.(2)(3)The court may make orders and give directions as it mayconsidered appropriate for given, to such a declaration and anyperson to whom any order or direction is addressed shall duly obeyand carry out the terms of the order or direction.The failure to obey or carry out any order made or direction givenunder subsection (2) shall constitute the offence of violating theConstitution and(a)(b)Defence of 6.TheConstitutionshall, in the case of the President or Vice President,constitute a ground for his or her removal from office inaccordance with section 67; andany other person who is convicted of that office shall beliable to the penalty prescribed by an Act of the NationalAssembly.(1) Any person who –(a)by himself or herself or in concert with others, by anyviolent or other unlawful means, suspends or overthrows orabrogates this Constitution or any part of it, or attempts todo any such act, or(b) aids and abets in any manner any person referred to inparagraph (a)
commits the offence of treason and shall, on conviction, be liableto the penalty prescribed by an Act of the National Assembly forthat offence.The Laws 7.Of the Gambia(2)All citizens of The Gambia have the right and the duty at all timesto defend this Constitution and, in particular, to resist, to the extentreasonably justifiable in the circumstances, any person or group ofpersons seeking or attempting by any violent or unlawful means tosuspend, overthrow or abrogate this Constitution or any part of it.(3)A person who resists the suspension, overthrow or abrogation ofthis Constitution as provided in subsection (2), commits nooffence.in addition to this Constitution, the laws of The Gambia consist of(a) Acts of the National Assembly made under this Constitutionand subsidiary legislation made under such Acts;(b) Any orders, Rules, Regulations or other subsidiary legislationmade by a person or authority under a power conferred by thisConstitution or any other law;(c) The existing laws including all decrees passed by the ArmedForces Provisional Ruling Council;(d) The common law and principles of equity;(e) Customary law so far as concerns members of the communitiesto which it applies;(f) The sharia as regards matters of marriage, divorce andinheritance among members of the communities to which itapplies.CHAPTER IIICITIZENSHIPCitizens on 8Every person who, immediately before the coming into forceTheof this Constitution, is a citizen of The Gambia, shall, subject to this ConstitutionCommencementOf the Constitution(a)(b)Citizen by 9.birth6 of 2001Citizen by 10continue to be a citizen of The Gambia;retain the same status as a citizen by birth, by descent, byregistration or by naturalisation, as the case may be, as heor she enjoyed immediately before the coming into force ofthis Constitution.Every person born in The Gambia after the coming into force ofthis Constitution shall be presumed to be a citizen of The Gambiaby birth if at the time of his or her birth, one of his or her parents isa citizen of The Gambia.a person born outside The Gambia after the coming into force of
Descentthis Constitution shall be a citizen of The Gambia by descent if atthe time of his or her birth either of his or her parents is a citizen ofThe Gambia otherwise than by virtue of this section or anycomparable provision of any earlier Constitution.Marriage 11To a citizenany person who(a)(b)Naturalisation –12as a Citizenis married to a citizen of The Gambia and, since themarriage, has been ordinarily resident in TheGambia for a period of not less than seven years; orhas been married to another person who was, duringthe subsistence of the marriage a citizen of TheGambia and, since the end of the marriage (whetherby annulment, divorce or death), has been ordinarilyresident in The Gambia for a period of not less thanseven years, shall be entitled, upon makingapplication in such manner as may be prescribed byor under an Act or the National Assembly, to beregistered as a citizen of The Gambia.(2)The annulment of a marriage of a person who has beenregistered as a citizen of The Gambia under this section, orunder the provisions of any earlier law for the registrationas a citizen of The Gambia of a person on account ofmarriage, shall not affect that person’s status as a citizen ofThe Gambia.(1)Any person who has been ordinarily resident in TheGambia for a continuous period of not less than fifteenyears and who satisfies the conditions set out in subsection(2) may apply, in such manner as may be prescribed by orunder an Act of the National Assembly, to be naturalised asa citizen of The Gambia.(2)The conditions referred to in subsection (1) are that theapplicant(a)(b)(c)(d)is of full age and capacity;is of good characterhas clearly shown that, if naturalised, he or sheintends to continue permanently to reside in TheGambia;is capable of supporting himself or herself and hisor her dependents.
Dual Citizenship 12A.6 of 2001Deprivation 13.citizenship(3)The Secretary of State shall give reasons for any refusal ofan application made under this section.(4)No person shall be naturalized until he or she hasrenounced any other citizenship he or she may have take anoath of allegiance to The Gambia.(1)A Citizen of The Gambia who acquires the Citizenship ofanother Country may, if he or she so desires, retain his orher citizenship of TheGambia(2)An Act of the National Assembly may make provision forthe better implementation of this section.(1)the Secretary of State may apply to the high court for anorder depriving a person who has been registered or hasbeen naturalised as a citizen of The Gambia of his or hercitizenship on the grounds that he or she(a)has acquired by registration, naturalisationor any voluntary and formal act (other thanmarriage) the citizenship of any othercountry.Has acquired the citizenship of The Gambiaby means of fraud, false representation orthe concealment of any material fact;Has, at any time since acquiring citizenshipof The Gambia, voluntarily claimed andexercised in a country other than TheGambia any rights available to him or herunder the laws of that country, being rightsaccorded exclusively to that country’scitizens;Has within seven years after being registeredor naturalised been convicted in any countryof an offence involving fraud, dishonesty ormoral turpitude.(b)(c)(d)and, in the cases referred to in paragraphs and(d), it is not conducive to the public good that he orshe should continue to be a citizen of The Gambia.(2)Before making any application for an orderunder this section, the Secretary of Stateshall give notice in writing to the personconcerned of the grounds for the applicationand of his or her right to be heard and to be
legally represented at the hearing of theapplication before the Court.Restora
Interpreta tion of Chapter III . C H A P T E R IV PROTECTION OF FUNDAMEN TAL RIGHTS AND FREEDOMS 17. Funda m ental Rights and Freedom s 18. Protection of Right to Life 19. Protection of Right to Personal L iberty 20. Protection from Slaver y and Forced Labour 21. P rotection from inhum an T reatm ent 22. Protection from Deprivation of Property .
May 02, 2018 · D. Program Evaluation ͟The organization has provided a description of the framework for how each program will be evaluated. The framework should include all the elements below: ͟The evaluation methods are cost-effective for the organization ͟Quantitative and qualitative data is being collected (at Basics tier, data collection must have begun)
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Constitution to be considered duly elected Under Constitution b. Swearing in of Newly Elected President on April 12, 1985 and coming into Forces of Constitution c. Convening of Newly elected Legislature d. Position of Persons Appointed Prior to Coming into Forces of Constitution 95. a. Abrogation of Constitution of July 26, 1847 b.
Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. Crawford M., Marsh D. The driving force : food in human evolution and the future.
