CONSTITUTION OF THE SECOND REPUBLIC OF THE GAMBIA
Adopted on 8 August 1996, entered into force in January 1997,
last amended in 2001

In the name of God, the Almighty,
We the people of The Gambia have accomplished a gre at and historic task. We have had our say on how we
should be governed. For this Constitution contains our will and resolve for good governance and a just ,
secure and prosperous society.
Our hopes and aspirations as a people were reflecte d in the enthusiasm and zeal with which we embarked
on the task of nation building on the attainment of independence. The self-perpetuating rule of the re cent
past, however, soon gave rise to the abuse of offic e 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 22
July 1994 to rectify such evils.
This Constitution provides for us a fundamental law , which affirms our commitment to freedom, justice,
probity and accountability. It also affirms the pri nciple that all power emanate from the sovereign wi ll of the
people.
The fundamental rights and freedoms enshrined in th is Constitution, will ensure for all time respect for and
observance of human rights and fundamental freedoms for all, without distinction as to ethnic considerations,
gender, language or religion. In acknowledging our fundamental rights we also affirm our duties and
responsibilities as citizens of this country.
This Constitution guarantees participatory democrac y that reflects the undiluted choice of the people. The
functions of the arms of government have been clear ly defined, their independence amply secured with
adequate checks and balances to ensure that they al l work harmoniously together toward our common good .
As we usher in the Second Republic and beyond, we g ive ourselves and generations of Gambians yet
unborn this Constitution as a beacon of hope for pe ace and stability in our society and the good governance
of The Gambia for all time.
In this spirit, we continue to pledge our firm alle giance to our beloved country and pray that the Gre at God of
Nations will keep us all ever true to The Gambia.

CHAPTER I: THE REPUBLIC

1. The Republic
(1) The Gambia is a sovereign secular Republic.
(2) The sovereignty of The Gambia resides in the peop le of The Gambia from whom all organs of
government derive their authority and in whose name and for whose welfare and prosperity the powers of
government are to be exercised in accordance with t his Constitution.
…
CHAPTER II: THE CONSTITUTION AND THE LAWS

4. Supremacy of the Constitution
This Constitution is the supreme law of The Gambia and any other law found to be inconsistent with any
provision of this Constitution shall, to the extent of the inconsistency, be void.

5. Enforcement of the Constitution
(1) A person who alleges that –
(a) any act of the National Assembly or anything d one under the authority of an Act of the National
Assembly; or
(b) any act or omission of any person or authority ,
is inconsistent with or is in contravention of a pr ovision of this Constitution, may bring an action i n a court of
competent jurisdiction for a declaration to that ef fect.
(2) The court may make orders and give directions as it may consider appropriate for giving effect, or
enabling effect to be given, to such a declaration and any person to whom any order or direction is
addressed shall duly obey and carry out the terms o f the order or direction.
(3) The failure to obey or carry out any order made o r direction given under subsection (2) shall constitute
the offence of violating the Constitution and –
(a) shall in the case of the President or Vice-Pre sident, constitute a ground for his or her removal from
office in accordance with section 67 ; and

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(b) any other person who is convicted of that offence shall be liable to the penalty prescribed by an Act of
the National Assembly.

6. Defence of the Constitution
(1) Any person who –
(a) by himself or herself or in concert with others , by any violent or other unlawful means, suspends or
overthrows or abrogates this Constitution or any pa rt of it, or attempts to do any such act, or
(b) aids and abets in any manner any person referre d to in paragraph (a),
commits the offence of treason and shall, on convi ction, be liable to the penalty prescribed by an Act
of the National Assembly for that offence.
(2) All citizens of The Gambia have the right and the duty at all times to defend this Constitution and, in
particular, to resist, to the extent reasonably jus tifiable in the circumstances, any person or group of persons
seeking or attempting by any violent or unlawful me ans to suspend, overthrow or abrogate this Constitu tion
or any part of it.
(3) A person who resists the suspension, overthrow or abrogation of this Constitution as provided in
subsection (2), commits no offence.
7. The laws of The Gambia
In addition to this Constitution, the laws of The G ambia consist of –
(a) Acts of the National Assembly made under this C onstitution and subsidiary legislation made under
such acts;
(b) any Orders, Rules, Regulations or other subsidi ary legislation made by a person or authority under a
power conferred by this Constitution or any other l aw;
(c) the existing laws including all decrees passed by the Armed Forces Provisional Ruling Council;
(d) the common law and principles of equity;
(e) customary law so far as it concerns members of the communities to which it applies;
(f) the Shari’a as regards matters of marriage, divorce and inheri tance among members of the
communities to which it applies.
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CHAPTER IV: PROTECTION OF FUNDAMENTAL RIGHTS AND FR EEDOMS

17. Fundamental rights and freedoms
(1) The fundamental human rights and freedoms enshrin ed in this Chapter shall be respected and upheld
by all organs of the executive and its agencies, th e legislature and, where applicable to them, by all natural
and legal persons in The Gambia, and shall be enfor ceable by the courts in accordance with this
Constitution.
(2) Every person in The Gambia, whatever his or her r ace, colour, gender, language, religion, political or
other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental
human rights and freedoms of the individual contain ed in this Chapter, but subject to respect for the rights
and freedoms of others and for the public interest.

18. Protection of the right to life
(1) No person shall be deprived of his or her life in tentionally, except in the execution of a sentence of
death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is
death under the laws of The Gambia, as they have ef fect in accordance with subsection (2), and of which he
or she has been lawfully convicted.
(2) As from the coming into force of this Constitutio n, no court in The Gambia shall be competent to
impose a sentence of death for any offence unless t he sentence is prescribed by law and the offence
involves violence, or the administration of any tox ic substance, resulting in the death of another per son.
(3) The National Assembly shall within ten years from the date of the coming into force of this Constitution
review the desirability or otherwise of the total a bolition of the death penalty in The Gambia.
(4) Without prejudice to any liability for a contrave ntion of any other law with respect to the use of force in
such cases as are hereinafter mentioned, a person s hall not be regarded as having been deprived of his or
her life in contravention of this section if he or she dies as a result of the use of force to such ex tent as is
reasonably justifiable in the circumstances of the case, that is to say –
(a) for the defence of any person from unlawful vi olence or for the defence of property;
(b) in order to effect a lawful arrest or to preve nt the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurre ction or mutiny;
(d) in order to prevent the commission by that per son of a criminal offence; or
(e) if he or she dies as a result of a lawful act of war.

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19. Protection of the right to personal liberty
(1) Every person shall have the right to liberty and security of the person. No one shall be subject to
arbitrary arrest or detention. No one shall be depr ived of his or her liberty except on such grounds a nd in
accordance with such procedures as established by l aw.
(2) Any person who is arrested or detained shall be i nformed as soon as is reasonably practicable and in
any case within three hours, in a language he or sh e understands, of the reasons for his or her arrest or
detention and of his or her right to consult a lega l practitioner.
(3) Any person who is arrested or detained –
(a) for the purpose of bringing him or her before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal
offence under the laws of The Gambia, and who is no t released, shall be brought without undue delay before
a court and, in any event, within seventy-two hours .
(4) Where any person is brought before a court in exec ution of the order of a court in any proceedings or
upon suspicion of his or her having committed or be ing about to commit an offence, he or she shall not
thereafter be further held in custody in connection with those proceedings or that offence save upon t he
order of a court.
(5) Any person arrested or detained as mentioned in s ubsection (3)(b) is not tried within a reasonable
time, then without prejudice to any further proceed ings which may be brought against him or her, he or she
shall be released either unconditionally or upon re asonable conditions, including, in particular, such
conditions as are reasonably necessary to ensure th at he or she appears at a later date for trial or
proceedings preliminary to trial.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to
compensation from that other person or from any oth er person or authority on whose behalf that other
person was acting.
20. Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced lab our.
(3) For the purposes of this section, the expression ” forced labour” does not include –
(a) any labour required in consequence of a senten ce or order of a court;
(b) labour required of any person while he or she is lawfully detained that, though not required in
consequence of the sentence or order of the court, is reasonably necessary in the interests of hygiene
for the maintenance of the place in which he or she is detained;
(c) any labour required of a member of a defence f orce in pursuance of his or her duties as such or, in the
case of a person who has conscientious objections t o service as a member of any naval, military or air
force, any labour which that person is required by law to perform in place of such service;
(d) any labour required during a period of public emergency or in the event of any other emergency or
calamity which threatens the life or well-being of the community, to the extent that the requiring of
such labour is reasonably justifiable in the circum stances of any situation arising or existing during
that period or as a result of that other emergency or calamity, for the purposes of dealing with that
situation; or
(e) any labour reasonably required as part of reas onable and normal communal or other civic obligations.

21. Protection from inhuman treatment
No person shall be subject to torture or inhuman or degrading punishment or other treatment.

22. Protection from deprivation of property
(1) No property of any description shall be taken poss ession of compulsorily, and no right over or interest
in any such property shall be acquired compulsorily in any part of The Gambia, except where the follow ing
conditions are satisfied –
(a) the taking of possession or acquisition is nec essary in the interest of defence, public safety, public
order, public morality, public health, town and cou ntry planning, or the development or utilisation of
any property in such manner as to promote the publi c benefit;
(b) the necessity therefore is such as to afford r easonable justification of the causing of any hardship that
may result to any person having an interest in or r ight over the property; and
(c) provision is made by law applicable to that ta king of possession or acquisition-
(i) for the prompt payment of adequate compensatio n; and
(ii) securing to any person having an interest in or right over the property, a right of access to a court or
other impartial and independent authority for the d etermination of his or her interest or right, the
legality of the taking of possession or acquisition of the property, interest or right, and the amount of
any to which he or she is entitled, and for the pur pose of obtaining prompt payment of that
compensation.

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(2) Nothing in this section shall be construed as affe cting the making of any law in so far as it provides for
the taking or acquisition of property –
(a) in satisfaction of any tax, rate or due;
(b) by way of penalty for breach of law, whether u nder civil process or after conviction of criminal offence;
(c) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(d) by way of the vesting or administration of tru st property, enemy property, bona vacantia, or the
property of persons adjudged or otherwise declared bankrupt or insolvent, or persons of unsound
mind;
(e) in the execution of judgments or orders of cou rts;
(f) by reason of such property being in a dangerous state or liable to cause injuries to the health of
human beings, animals or plants;
(g) in consequence of any law with respect to the l imitation of actions; or
(h) for so long as such taking of possession may be necessary for the purpose of any examination,
investigation, trial or inquiry, or in the case of land, the carrying out thereon –
(i) of work of soil conservation or the conservatio n of other resources; or
(ii) of agricultural development or improvement whi ch the owner or occupier of the land has been
required and has without reasonable or lawful excus e refused or failed to carry out, except so far
as that provision, or as the case may be the thing done under the authority thereof, is shown not
to be reasonably justifiable in a democratic societ y.
(3) Nothing in this section shall be construed as affe cting the making or operation of any law for the
compulsory taking in the public interest of any pro perty, or the compulsory acquisition in the public interest of
any interest in or right over property where that p roperty interest or right is held by a body corporate which is
established directly by any law and in which no mon ies are provided by an Act of the National Assembly.
(4) Where a compulsory acquisition of land by or on be half of the government involves the displacement
of any inhabitant who occupies the land under custo mary law, the government shall resettle the displaced
inhabitants on suitable alternative land with due r egard to their economic well-being and social and c ultural
values.
(5) Any such property of whatever description compulso rily taken possession of, and any interest in or
right over property of any description compulsorily acquired in the public interest for a public purpose, shall
be used only in the public interest or for the publ ic purposes for which it is taken or acquired.
(6) Where any such property as is referred to in subs ection (5) is not used in the public interest or for the
public purpose for which it was taken or acquired, the person who was the owner immediately before the
compulsory taking or acquisition, as the case may b e, shall be given the first option of acquiring that
property, in which event he or she shall be require d to refund the whole or such part of the compensat ion as
may be agreed upon between the parties thereto; and in the absence of any such agreement such amount
as shall be determined by the High Court.
23. Privacy
(1) No person shall be subject to interference with t he privacy of his or her home, correspondence or
communications save as is in accordance with law an d is necessary in a democratic society in the interests
of national security, public safety or the economic well-being of the country, for the protection of health or
morals, for the prevention of disorder or crime or for the protection of the rights and freedoms of others.
(2) Searches of the person or the home of individuals shall only be justified –
(a) where these are authorised by a competent judi cial authority;
(b) in cases where delay in obtaining such judicia l authority carries with it the danger of prejudicing the
objects of the search or the public interest and su ch procedures as are prescribed by an Act of the
National Assembly to preclude abuse are properly sa tisfied.

24. Provisions to secure protection of the law and fair play
(1) Any court or other adjudicating authority establi shed by law for the determination of any criminal trial or
matter, or for the determination of the existence o r extent of any civil right or obligation, shall be independent
and impartial; and
(a) if any person is charged with a criminal offen ce, then, unless the charge is withdrawn; or
(b) where proceedings are commenced for the determ ination or the existence of any civil right or
obligation,
the case shall be afforded a fair hearing within a reasonable time.
(2) All proceedings of every court and proceedings re lating to the determination of the existence or the
extent of civil rights or obligations before any ot her authority, including the announcement of the de cision of
the court or other authority, shall be held in publ ic:
Provided that the court or other authority may, to such extent as it may consider necessary or expedie nt in
circumstances where publicity would prejudice the i nterests of justice or interlocutory civil proceedings, or to
such extent as it may be empowered or required by l aw to do so in the interest of defence, public safety,

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public order, public morality, the welfare of persons under the age of eighteen years or the protectio n of the
private lives of persons concerned in the proceedin gs, exclude from its proceedings persons other than the
parties thereto and their legal representatives.
(3) Every person who is charged with a criminal offen ce –
(a) shall be presumed innocent until he or she is proved, or has pleaded, guilty;
(b) shall be informed at the time he or she is cha rged, in a language which he or she understands and in
detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities fo r the preparation of his or her defence;
(d) shall be permitted to defend himself or hersel f before the court in person or, at his or her own
expense, by a legal representative of his or her ow n choice;
Provided that where a person is charged with an off ence which carries a punishment of death or
imprisonment for life, that person shall be entitle d to legal aid at the expense of the state;
(e) shall be afforded facilities to examine in per son or by his or her legal representative the witnesses
called by the prosecution before the court and to o btain the attendance and carry out the examination
of witnesses to testify on his or her behalf before the court on the same conditions as those applying
to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot
understand the language used at the trial of the ch arge; and, except with his or her own consent, the
trial shall not take place in his or her absence un less he or she so conducts himself or herself as to
render the continuance of the proceedings in his or her presence impractical and the court has
ordered him or her to be removed and the trial to p roceed in his or her absence.
(4) When a person is tried for any criminal offence, the accused person or any person authorised by him
or her in that behalf shall, if he or she requires and subject to the payment of such reasonable fee a s may be
prescribed by law, be given within a reasonable tim e, and in any event within thirty days after the end of the
trial, a copy for the use of the accused person of any record of the proceedings made by or on behalf of the
court.
(5) No person shall be charged with or held to be gui lty of a criminal offence on account of any act or
omission which did not at the time it took place co nstitute such an offence, and no penalty shall be imposed
for any criminal offence which is more severe in de gree or description than the maximum penalty which
might have been imposed for that offence at the tim e when it was committed.
(6) No person who shows that he or she has been tried by any competent court for a criminal offence and
either convicted or acquitted shall again be tried for that offence or for any other offence of which he or she
could have been convicted at the trial for that off ence save upon the order of a superior court made i n the
course of appeal or revision proceedings relating t o the conviction or acquittal:
Provided that nothing in any law shall be held to b e inconsistent with or in contravention of this subsection by
reason only that it authorises any court to try a m ember of a defence force for a criminal offence
notwithstanding any trial or conviction of the memb er under service law, but any court so trying such a
member and convicting him or her shall, in sentenci ng him or her to any punishment, take into account any
punishment awarded him under service law.
(7) No person shall be tried for a criminal offence i f he or she shows he or she has been pardoned for t hat
offence.
(8) No person charged with a criminal offence shall b e compelled to give evidence at the trial.
(9) A person charged with a criminal offence in the H igh Court shall have the right to elect to be tried by a
jury. (10) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in
contravention of –
(a) subsection (3)(a), to the extent that the law in question imposes upon any person charged with a
criminal offence the burden of proving particular f acts;
(b) subsection (3)(e), to the extent that the law in question imposes reasonable conditions that must be
satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out
of public funds.

25. Freedom of speech, conscience, assembly, associ ation and movement
(1) Every person shall have the right to –
(a) freedom of speech and expression, which includ e freedom of the press and other media;
(b) freedom of thought, conscience and belief, whi ch shall include academic freedom;
(c) freedom to practice any religion and to manife st such practice;
(d) freedom to assemble and demonstrate peaceably and without arms;
(e) freedom of association, which shall include fr eedom to form and join associations and unions,
including political parties and trade unions;
(f) freedom to petition the executive for redress of grievances and to resort to the courts for the protection
of his or her rights.

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(2) Every person lawfully within The Gambia shall have the right to move freely throughout The Gambia,
to choose his or her own place of residence within The Gambia, and to leave The Gambia.
(3) Every citizen of The Gambia shall have the right t o return to The Gambia.
(4) The freedoms referred to in subsections (1) and (2 ) shall be exercised subject to the law of The
Gambia in so far as that law imposes reasonable res trictions on the exercise of the rights and freedoms
thereby conferred, which are necessary in a democra tic society and are required in the interests of the
sovereignty and integrity of The Gambia, national s ecurity, public order, decency or morality, or in relation to
contempt of court.
26. Political rights
Every citizen of The Gambia of full age and capacit y shall have the right, without unreasonable restrictions –
(a) to take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) to vote and stand for elections at genuine per iodic elections for public office, which elections shall be
by universal and equal suffrage and be held by secr et ballot;
(c) to have access, on general terms of equality, to public service in The Gambia.

27. Right to marry
(1) Men and women of full age and capacity shall have the right to marry and found a family.
(2) Marriage shall be based on the free and full conse nt of the intended parties.

28. Rights of women
(1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal treatment wit h men, including equal opportunities in political,
economic and social activities.
29. Rights of children
(1) Children shall have the right from birth to a nam e, the right to acquire a nationality and subject to
legislation enacted in the best interests of childr en, to know and be cared for by their parents.
(2) Children under the age of sixteen years shall be entitled to be protected from economic exploitation
and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with
their education or be harmful to their health or ph ysical, mental, spiritual, moral or social developm ent.
(3) A juvenile offender who is kept in lawful custody shall be kept separately from adult offenders.

30. Right to education
All persons shall have the right to equal education al opportunities and facilities and with a view to achieving
the full realisation of that right –
(a) basic education shall be free, compulsory and available to all;
(b) secondary education, including technical and v ocational education, shall be made generally available
and accessible to all by every appropriate means, a nd in particular, by progressive introduction of free
education;
(c) higher education shall be made equally accessi ble to all, on the basis of capacity, by every
appropriate means, and in particular, by progressiv e introduction of free education;
(d) functional literacy shall be encouraged or int ensified as far as possible;
(e) the development of a system of schools with ad equate facilities at all levels shall be actively pursued.

31. Rights of the disabled
(1) The right of the disabled and handicapped to resp ect and human dignity shall be recognised by the
state and society.
(2) Disabled persons shall be entitled to protection against exploitation and to protection against
discrimination, in particular as regards access to health services, education and employment.
(3) In any judicial proceedings in which a disabled p erson is party, the procedure shall take his or her
condition into account.
32. Culture
Every person shall be entitled to enjoy, practise, profess, maintain and promote any culture, language ,
tradition or religion subject to the terms of this Constitution and to the condition that the rights p rotected by
this section do not impinge on the rights and freed oms of others or the national interest, especially unity.

33. Protection from discrimination
(1) All persons shall be equal before the law.
(2) Subject to the provisions of subsection (5), no l aw shall make any provision which is discriminatory
either of itself or in its effect.

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(3) Subject to the provisions of subsection (5), no p erson shall be treated in a discriminatory manner by
any person acting by virtue of any law or in the pe rformance of the functions of any public office or public
authority.
(4) In this section, the expression “discrimination” means affording different treatment to different persons
attributable wholly or mainly to their respective d escriptions by race, colour, gender, language, reli gion,
political or other opinion, national or social orig in, property, birth or other status whereby persons of one such
description are subjected to disabilities or restri ctions to which persons of another such description are not
made subject, or are accorded privileges or advanta ges which are not accorded to persons of another su ch
description.
(5) Subsection (2) shall not apply to any law in so f ar as that law makes provision –
(a) with respect to persons who are not citizens o f The Gambia or to qualifications for citizenship;
(b) with respect to the qualifications prescribed by this Constitution for any office;
(c) with respect to adoption, marriage, divorce, b urial, devolution of property on death or other matters of
personal law;
(d) for the application in the case of members of a particular race or tribe of customary law with respect to
any matter in the case of persons who, under that l aw, are subject to that law.
(6) Subsection (3) shall not apply to anything which is expressly or by necessary implication authorised to
be done by any such provision of law as is referred to in subsection (5).
(7) The exercise of any discretion relating to the in stitution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any pers on by the Constitution or under any other law shall not be
enquired into by any court on the grounds that it c ontravenes the provisions of subsection (3).

34. Declaration of state of pubic emergency
(1) The President may, at any time, by Proclamation p ublished in the Gazette, declare that –
(a) a state of public emergency exists in the whol e or any part of The Gambia;
(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.
(2) A declaration made under this section shall lapse at the expiration of a period of seven days, or if the
National Assembly is not then in session twenty-one days, beginning on the day on which the Proclamati on
is published in the Gazette unless, before the expiration of that period, it h as been approved by a resolution
of the National Assembly supported by the votes of not less than two-thirds of all the members thereof.
(3) A declaration made under subsection (1) may at an y time be revoked by the President by
Proclamation which shall be published in the Gazette.
(4) A declaration made under subsection (1) that has been approved by a resolution of the National
Assembly shall, subject to subsection (3), remain i n force so long as that resolution remains in force and no
longer.
(5) A resolution of the National Assembly passed for the purpose of this section shall remain in force for
ninety days or such shorter period as may be specif ied therein:
Provided that –
(a) any such resolution may be extended from time to time by a further resolution supported –
(i) in the case of a first extension, by the votes [incomplete – ed] (ii) in the case of a subsequent extension, the vo tes of not less than three quarters of all the members of
the National Assembly,
but no extension shall exceed ninety days from the date of the resolution effecting the extension; and
(b) any such resolution may be revoked at any time by a resolution supported by the vote of the majority
of all the members of the National Assembly.
(6) Any provision of this section that a declaration shall lapse or cease to be in force at any particular time
shall be without prejudice to the making of a furth er declaration under this section whether before or after
that time.
35. Derogation of fundamental [rights under] emerge ncy powers
(1) An Act of the National Assembly may authorise the taking, during any period of emergency, of
measures that are reasonably justifiable for dealin g with the situation that exists in The Gambia.
(2) Nothing contained in or done under the authority of such an Act shall be held to be inconsistent with
or in contravention of sections 19, 23, 24 (other t han subsections (5) to (8) thereof) or 25 of this C onstitution
to the extent that it is reasonably justifiable in the circumstances arising or existing during a peri od of public
emergency for the purpose of dealing with the situa tion.

36. Persons detained under emergency powers
(1) Where a person is detained by virtue of or under any Act of the National Assembly referred to in
section 35, the following provisions shall apply –

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(a) he or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours
after the commencement of detention, be furnished w ith a statement in writing specifying in detail the
grounds upon which he or she is detained; and the s tatement shall be read, and, if necessary,
interpreted to the person who is detained in a lang uage which he or she understands;
(b) the spouse, parent, child or other available n ext-of-kin of the person detained shall be informed by the
authority effecting the detention and shall be perm itted access to the person concerned at the earlies t
practicable opportunity, and in any case not later than twenty-four hours after the commencement of
the detention;
(c) where none of the persons mentioned in paragra ph (b) can be traced or none of them is willing and
able to see the person detained, the person who is detained shall be informed of this fact within
twenty four hours of the commencement of the detent ion and he or she shall be informed of his or her
right to name and give particulars of some other pe rson who shall have the same right of access to
the person who is detained as any of the persons me ntioned in paragraph (b);
(d) not more than fourteen days after the commence ment of his or her detention, the authority which
effected the same shall give notice in the Gazette stating that he or she has been detained and givin g
particulars of the provision of law under which the detention is authorised;
(e) not more than thirty days after the commenceme nt of his or her detention, and after that at intervals of
not more than ninety days during the continuance of his or her detention, the case of the person
concerned shall be reviewed by a tribunal as provid ed in subsection (2);
(f) the person who is detained shall be afforded e very possible facility to consult a legal practitioner of his
or her choice who shall be permitted to make repres entation to the tribunal appointed to review the
case;
(g) at the hearing before the tribunal appointed f or the review of his or her case, the person detained shall
be entitled to appear in person or by a legal pract itioner of his or her choice and at his or her own
expense.
(2) A tribunal appointed to review the cases of perso ns who have been detained shall be composed of
three persons being, or qualified to be appointed a s, judges of the High Court.
(3) A tribunal composed of the same members shall not review more than once the case of a particular
person who has been detained.
(4) On review by a tribunal of the case of a person w ho has been detained, the tribunal may order the
release of the person or it may uphold the detentio n; and the authority by which the detention was ord ered
shall act in accordance with the decision of the tr ibunal for the release of any person.
(5) No person may be detained under or by virtue of a n Act of the National Assembly referred to in section
35 during any state of emergency in excess of a tot al of one hundred and eighty two days (whether such
days are consecutive or not) and, on the expiry of that period, any person who has been so detained sh all be
entitled to invoke the provisions of section 19 (ri ght to personal liberty).
(6) In every month during the period in which a state of public emergency is in force and in which there is
a sitting of the National Assembly, a Secretary of State authorised by the President shall make a repo rt to the
National Assembly of the number of persons detained by virtue of or under an Act of the National Assembly
to which section 35 refers and the number of cases in which the authority which ordered the detention has
acted in accordance with the decisions of the tribu nal as provided in subsection (4).
(7) For the avoidance of doubt, it is hereby declared that where the declaration of a state of public
emergency is revoked or otherwise ceases to be in f orce, any person who is in detention or in custody by
virtue of or under an Act of the National Assembly to which section 35 refers, other than a person sen tenced
to imprisonment by a court for an offence against s uch a law for a term which has not then expired, sh all be
released immediately without further order.
37. Enforcement of protective provisions
(1) If any person alleges that any of the provisions of sections 18 to 33 or section 36(5) of this Chapter
has been, is being, or is likely to be contravened in relation to himself or herself by any person he or she may
apply to the High Court for redress.
(2) An application may be made under this section in the case of a person who is detained by some other
person acting on the detained person’s behalf.
(3) An application under this section shall be without prejudice to any other action with respect to the
same matter which is lawfully available.
(4) If in any proceedings in any court subordinate to the High Court any question arises as to the
contravention of any of the provisions of the said sections 18 to 33 or section 36(5), that court may, and shall
if any party so requests, refer the question to the High Court, unless, in the opinion of the subordin ate court,
the raising of the question is merely frivolous or vexatious.
(5) The High Court shall –
(a) hear and determine any application made by any person pursuant to subsection (1) or (2);

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(b) determine any question arising in the case of any person which is referred to it in pursuance of
subsection (4);
and may, in addition to the powers conferred on it by section 5 (which relates to defence of the Const itution)
make such order, issue such writ, and give such dir ections as it may consider appropriate for the purposes of
enforcing or securing the enforcement of any of the provisions of the said sections 18 to 33 or section 36(5)
to the protection of which the person concerned is entitled:
Provided that the High Court may decline to exercis e its powers under this subsection if it is satisfied that
adequate means of redress for the contravention all eged are or have been available to the person
concerned under any other law.
(6) The High Court shall consider every application an d reference referred to it in pursuance of this
section and, having heard arguments by or on behalf of the parties, shall pronounce its decision on the
question in open court as soon as may be, and in th e case of reference under subsection (4), not later than
thirty days after the conclusion of the final addre sses of the parties.
(7) An Act of the National Assembly may confer on the High Court such powers in addition to those
conferred by this section as may appear to be neces sary or desirable for the purpose of enabling the court
more effectively to exercise the jurisdiction confe rred upon it by this section.
(8) The rights, duties, declarations and guarantees r elating to the fundamental rights and freedoms
specifically mentioned in this Chapter shall not be regarded as excluding other rights which may be
prescribed by Acts of the National Assembly as inhe rent in a democracy and intended to secure the freedom
and dignity of man.
38. Interpretation of Chapter IV
(1) In this Chapter, save where the context otherwise requires –
“a period of public emergency” means any period dur ing which The Gambia is at war or a declaration is in
force under section 34;
“contravention” in relation to any requirement, inc ludes a failure to comply with that requirement, an d cognate
expressions shall be construed accordingly:
“court” means any court of law in The Gambia other than a district tribunal or, save as provided in subsection
(2), a court constituted under service law;
“defence force” means any naval, military or air fo rce of The Gambia;
“member” in relation to a defence force, includes p ersons who, under the law regulating the discipline of that
force, are subject to that discipline;
“owner” includes any person deprived of any right o r interest pursuant to section 22;
“service law” means the law regarding the disciplin e of a defence force or of the Police Force or the Prison
Service or any disciplined volunteer force.
(2) In relation to an offence against service law, a r eference to “court” –
(a) in sections 18 to 20, subsections (2), (3), (4) , (6) (but not the proviso thereto) of section 24, subsection
(3) of section 25, subsection (8) of section 33 and subsection (2) of section 37 includes a reference to
a court constituted by or under service law;
(b) in sections 19 and 20 and subsection (8) of sec tion 33, includes an officer of a defence force and of
the Police Force.
(3) Reference in sections 18, 19 and 22 to a “criminal offence” shall be construed as including references
to an offence against service law and such referenc es in subsections (4) to (9) of section 24 shall, in relation
to proceedings before a court constituted by or und er service law, be similarly construed.
(4) In relation to any person who is a member of an ar med force raised otherwise than under the law of
The Gambia and lawfully present in The Gambia, noth ing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions
of this Chapter.
…
CHAPTER V: REPRESENTATION OF THE PEOPLE

PART 1: The Franchise

39. The right to vote and be registered
(1) Every citizen of The Gambia being eighteen years or older and of sound mind shall have the right to
vote for the purpose of elections of a President an d members of the National Assembly and shall be ent itled
to be registered as a voter in a National Assembly constituency for that purpose.
(2) Every citizen of The Gambia who is a registered v oter shall be entitled to vote in a referendum held in
accordance with this Constitution or any other law.
(3) Every citizen of The Gambia being of the age of e ighteen years or older and of sound mind shall be
entitled, in accordance with the provisions of this Chapter and any Act of the National Assembly provi ding for

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such elections, to vote in elections for local government authorities and traditional rulers in the area in which
he or she is ordinarily resident.
40. Secret ballot
All public elections and all referenda voting shall be by secret ballot.
…

PART 2: The Independent Electoral Commission

42. The Commission
(1) There shall be an Independent Electoral Commissio n for The Gambia which shall be part of the public
service.
…
45. Electoral laws
An Act of the National Assembly may make further pr ovisions for the purposes of this part.
…
PART 7: Political Parties
60. Political parties
(1) No association, other than a political party regis tered under or pursuant to an Act of the National
Assembly, shall sponsor candidates for public elect ions.
(2) No association shall be registered or remain regis tered as a political party if –
(a) it is formed or organized on an ethnic, section al, religious or regional basis;
(b) its internal organisation does not conform with democratic principles; or
(c) it purpose is to subvert this Constitution or t he rule of law.
(3) An Act of the National Assembly shall make provisi ons for the better implementation of this section.
…

CHAPTER VI: THE EXECUTIVE
PART 1: The President
…
67. Misconduct by the President
(1) The President may be removed from office in accord ance with this section on any of the following
grounds –
(a) abuse of office, wilful violation of the oath o f allegiance or the President’s oath of office, or wilful
violation of any provision of this Constitution, or
…

CHAPTER VII: NATIONAL ASSEMBLY AND LEGISLATION
… PART 3: Legislative and other powers of the Nationa l Assembly

100. The legislative power
(1) The legislative power of The Gambia shall be exerc ised by Bills passed by the National Assembly and
assented to by the President.
(2) The National Assembly shall not pass a Bill –
(a) to establish a one party state;
(b) to establish any religion as a state religion; or
(c) to alter the decision or judgment of a court in any proceedings to the prejudice of any party to those
proceedings, or deprive any person retroactively of vested or acquired rights, but subject thereto, the
National Assembly may pass Bills designed to have r etroactive effect.
…

CHAPTER VIII: THE JUDICATURE
PART 1: The Courts of The Gambia

120. The courts and the judicial power
(1) The Courts of The Gambia are:

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(a) The Superior Courts comprising:
(i) the Supreme Court;
(ii) the Court of Appeal;
(iii) the High Court and the Special Criminal Court; and
(b) the Magistrates Court, the Cadi Court, District Tribunals and such lower courts and tribunals as may
be established by an Act of the National Assembly.
(2) The judicial power of The Gambia is vested in the courts and shall be exercised by them according
to the respective jurisdictions conferred on them b y law.
(3) In the exercise of their judicial functions, the courts, the judges and other holders of judicial of fice shall
be independent and shall be subject only to this Co nstitution and the law, and, save as provided in this
Chapter, shall not be subject to the control or dir ection of any other person or authority.
… PART 2: The Superior Courts

A: The Supreme Court
…
127. Original jurisdiction
(1) The Supreme Court shall have an exclusive origina l jurisdiction –
(a) for the interpretation or enforcement of any p rovision of this Constitution other than any provision of
sections 18 to 33 or section 36(5) (which relate to fundamental rights and freedoms);
(b) on any question whether any law was made in exc ess of the powers conferred by the Constitution or
any other law upon the National Assembly or any oth er person or authority;
…
(2) Where any question referred to in paragraphs (a), (b) or (d) of subsection (1) arises in any
proceedings in any other court, that court shall st ay its proceedings and refer the matter to the Supr eme
Court for its determination, and such other court s hall give effect to any decision of the Supreme Cou rt in the
matter.
…
C: The High Court

132. Jurisdiction of High Court
(1) Save as provided in section 127, the High Court sh all have original jurisdiction –
(a) to hear and determine all civil and criminal pr oceedings;
(b) to interpret and enforce the fundamental rights and freedoms as provided in section 18 to 33 and
section 36(5), and in the exercise of such jurisdic tion, the Court shall have all such power and
authority as may be conferred by this Constitution or any other law.
…

CHAPTER X: THE OMBUDSMAN

163. National Assembly to establish office of the O mbudsman
(1) Subject to the provisions of this Constitution, an Act of the National Assembly shall within six months
of the coming into force of this Constitution estab lish the office of Ombudsman and provision for his or her
functions and duties –
…
165. Independence of Ombudsman
(1) Subject to the provisions of this chapter, in the exercise of his or her functions, the Ombudsman and
a deputy Ombudsman shall not be subject to the dire ction or control of any other person or authority but
subject only to the Constitution and the law.
(2) All departments, authorities and other public bodi es which are subject to investigation by the
Ombudsman shall accord such assistance as he or she may require for the protection of the independence,
dignity and effectiveness of the Ombudsman in the p erformance of his or her functions.
…
CHAPTER XI: THE PUBLIC SERVICE
PART 1: Offices in the public service
…

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169. Protection of public servants
(1) No public servant shall be –
(a) victimised or discriminated against either directly or indirectly for having discharged his or other duties
faithfully and according to law; or
(b) be removed from office or reduced in rank or ot herwise punished without just cause.
…

CHAPTER XIV: LAND COMMISSION
…
192. Land Commission
There shall be established a Land Commission whose composition, functions and powers shall be
prescribed by an Act of the National Assembly.
…
CHAPTER XVII: THE NATIONAL COUNCIL FOR CIVIC EDUCAT ION

198. National Council for Civic Education
There shall be established a National Council for C ivic Education whose composition, functions and pow ers
shall be prescribed by an Act of the National Assem bly.

199. Functions of the Council
(1) The functions of the National Council for Civic Ed ucation shall be –
(a) to create and sustain within society an awarene ss of the principles and objectives of this Constitution
as the fundamental law of The Gambia;
(b) to educate and encourage the public to defend t his Constitution against all forms of abuse and
violence;
(c) to formulate, from time to time, for the consid eration of the government, programmes at national a nd
district levels aimed at realising the object of th is Constitution;
(d) to formulate, implement and oversee programmes aimed at inculcating in the citizens of The Gambia
awareness of their civic and fundamental rights, du ties and responsibilities;
(e) to educate the citizens of The Gambia about int ernational, regional and sub-regional matters relevant to
The Gambia; and
(f) such other function as an Act of the National A ssembly may prescribe.
(2) An Act of the National Assembly may provide for th e establishment of district branches of the
Council.
(3) In the exercise of its functions, the Council shal l be apolitical and, save as may be provided by an
Act of the National Assembly, shall not be subject to the direction or control of any other person or authority.
…
CHAPTER XVIII: COMMISSIONS OF ENQUIRY

207. Freedom and responsibility of the media
(1) The freedom and independence of the press and oth er information media are hereby guaranteed.
(2) An Act of the National Assembly may make provision s for the establishment and operation of the
press and other information media.
(3) The press and other information media shall at al l times, be free to uphold the principles, provisions
and objectives of this Constitution, and the respon sibility and accountability of the government to the people
of The Gambia.
208. Responsibility of state owned media
All state owned newspapers, journal, radio and tele vision shall afford fair opportunities and facilities for the
presentation of divergent views and dissenting opin ion.

209. Limitations on rights and freedoms

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The provisions of sections 207 and 208 are subject to laws which are reasonably required in a democrat ic
society in the interest of national security, publi c orders, public morality and for the purpose of pr otecting the
reputations, rights and freedoms of others.
210. National Media Commission
An Act of the National Assembly shall within one ye ar of the coming into force of this Constitution make
provision for the establishment of a National Media Commission to establish a code of conduct for the media
of mass communication and information and to ensure the impartiality, independence and professionalism of
the media which is necessary in a democratic societ y.

CHAPTER XX: DIRECTIVE PRINCIPLES OF STATE POLICY

211. Application of the directive principles of sta te policy
The principles of state policy in this Chapter shal l form part of the public policy of The Gambia for the
establishment of a just, free and democratic state. These principles shall not confer legal rights or be
enforceable in any court but –
(a) subject to the limits of the economic capacity and development of The Gambia, the executive, the
legislature and all other organs of the state in ta king policy decisions, making laws and in the
administration of The Gambia, shall according to th eir respective functions be guided by and observe
them with a view to achieving by legislation or oth erwise the full realisation of these principles; and
(b) the courts are entitled to have regard to these principles in interpreting any laws based on them.

212. National integration and unity
(1) All organs of the state shall strive towards the realisation of national unity, peace and stability.
(2) Every effort shall be made to integrate the peopl e of The Gambia and foster loyalty to The Gambia
without discrimination.
(3) All the people of The Gambia shall be entitled to their ethnic, religious and cultural values which do not
disturb the unity or cohesion of the state.
213. National sovereignty and independence
(1) The state and all citizens of The Gambia shall en deavour to protect and enhance national sovereignty
including social, political, and economic independe nce and territorial integrity.
(2) The state shall pursue policies which avoid undue dependence on other nations and institutions.

214. Political objectives
(1) The Gambia shall be a democratic state dedicated to freedom, peace, progress, prosperity and justice.
(2) The people shall express their will and consent a s to who shall govern them and how they shall be
governed, through regular, free and fair elections of their representatives.
(3) The state shall be guided by the principles of de centralisation and the devolution of governmental
functions and powers to the people at appropriate l evels of control to facilitate democratic governance.
(4) In the composition of the government women shall be fairly represented.
(5) The government, with due regard to the principles of an open and democratic society, shall foster
accountability and transparency at all levels of go vernment.

215. Economic objectives
(1) The state shall endeavour to create an economic en vironment that maximises the rate of economic
growth and employment and secures the maximum welfa re and prosperity for all persons in The Gambia.
(2) The state shall endeavour to keep inflation under control.
(3) Recognising that the most secure democracy is one that assures the basic necessities of life for its
people, the state shall endeavour to establish an e fficient, dynamic and self-reliant economy whose
underlying principles shall include ensuring:
(a) ample and equal opportunity for all citizens an d a pronounced role for the private sector, and the
encouragement of private initiative;
(b) that persons bear their fair share of social an d national responsibilities including their responsibility to
contribute to the development of the country; and
(c) a balanced development of all parts of The Gamb ia, improvement in the quality of life in rural
communities and redressing economic imbalances betw een rural and urban communities.
(4) The state shall pursue a policy of:
(a) giving adequate priority to those sectors of th e economy which promote national prosperity;

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(b) promoting the development of agriculture and related industry;
(c) encouraging and protecting beneficial foreign i nvestment;
(d) protecting the environment of the nation for po sterity; and
(e) co-operation with other nations and bodies to p rotect the global environment.
(5) The state shall endeavour to ensure equal opportun ity and full participation for women in the economic
development of the country.
216. Social objectives
(1) The state shall endeavour to secure and promote a society founded on the principles of freedom,
equality, justice, tolerance, probity and accountab ility.
(2) The state shall pursue policies to protect the ri ghts and freedoms of the disabled, the aged, childr en
and other vulnerable members of society and to ensu re that such persons are provided just and equitable
social opportunities.
(3) The state, in pursuing policies in subsection (2) , shall be bound by the fundamental rights and
freedoms in the Constitution and shall be guided by international human rights instruments to which The
Gambia is a signatory and which recognise and apply particular categories of basic human rights to
development processes.
(4) The state shall endeavour to facilitate equal acc ess to clean and safe water, adequate health and
medical services, habitable shelter, sufficient foo d and security to all persons.
(5) The state shall encourage and promote the establi shment and maintenance of contributory schemes
that shall provide economic security for all citize ns.
(6) The state shall endeavour to ensure safe systems of working conditions for persons who are employed
and to provide that such persons are entitled to ad equate rest, leave and leisure.
(7) The state shall endeavour to ensure that adequate sports facilities are established throughout The
Gambia and that sports are promoted as a means of f ostering national integration, health and self-discipline
and international friendship and understanding.
217. Educational objectives
(1) The state shall endeavour to provide adequate edu cational opportunities at all levels of study for all
citizens.
(2) The state shall pursue policies to ensure basic e ducation for all citizens and shall endeavour to provide
adequate resources so that such tuition for basic e ducation shall be free for all citizens.
(3) The state shall endeavour to provide skills train ing centres.
(4) The state shall take measures to create an adult literacy programme, rehabilitative vocational training
for the disabled, and continuing education programm es.

218. Cultural objectives
The state and all the people of The Gambia shall st rive to protect, preserve and foster the languages, historic
sites, cultural, natural and artistic heritage of T he Gambia.

219. Foreign relations
The state shall endeavour to ensure that in interna tional relations it:
(a) promotes and protects the interests of The Gam bia;
(b) seeks the establishment of a just and equitabl e international economic and social order;
(c) fosters respect for international law, treaty obligations and the settlement of international dis putes by
peaceful means; and
(d) is guided by the principles and goals of inter national and regional organisations of which The Ga mbia is
a signatory.

220. Duties of a citizen
(1) The exercise and enjoyment of rights and freedoms are inseparable from the performance of duties
and obligations, and accordingly, every citizen sha ll:
(a) promote the prestige and good reputation of Th e Gambia and respect the symbols of The Gambia;
(b) uphold and defend the Constitution;
(c) foster national unity and live harmoniously wi th others;
(d) respect the rights, freedoms and legitimate in terests of others and refrain from acting in a manner
detrimental to the welfare of other persons;
(e) serve The Gambia by working conscientiously in his or her chosen occupation;
(f) protect and preserve public property and expos e and combat misuse and waste of public funds and
property;

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(g) contribute to the well-being of the community in which the citizen lives;
(h) be loyal to The Gambia and contribute to its d efence when necessary;
(i) co-operate with the appropriate agencies in th e maintenance of law and order; and
(j) protect and conserve the environment of The Ga mbia.
(2) It shall be the duty of every citizen to abide by and conform with the provisions set out in subsect ion
(1), but such duties shall not, of themselves, rend er any person liable to proceedings of any kind in any court.
…
CHAPTER XXII: AMENDMENT OF THE CONSTITUTION

226. Alteration of this Constitution
(1) Subject to the provisions of this section, an Act of the National Assembly may alter this Constitution.
(2) Subject to subsection (4), a bill for an Act of t he National Assembly under this section shall not b e
passed by the National Assembly or presented to the President for assent unless –
(a) before the first reading of the Bill in the Na tional Assembly, the Bill is published in at least two issues
of the Gazette , the latest publication being not less than three months after the first, and the Bill is
introduced into the National Assembly not earlier t han ten days after the latest publication; and
(b) the Bill is supported on the second and third readings by the votes of not less than three quarters of all
the members of the National Assembly.
(3) If the President fails to assent within thirty da ys to a Bill passed by the National Assembly in
accordance with subsection (2), the Bill shall be r eturned to the Speaker who shall refer it to the Independent
Electoral Commission. The Independent Electoral Com mission shall cause a referendum to be held on the
Bill in accordance with subsection (4) and, if the Bill is supported on such a referendum by the major ity
provided for in that subsection, it shall again by presented to the President for his assent.
…
SCHEDULE 2: TRANSITIONAL AND CONSEQUENTIAL PROVISIO NS
…
Legal Proceedings
(13) (1) No member of the Armed Forces Provisional Ruling C ouncil, any person appointed Minister by the
Armed Forces Provisional Ruling Council, or other a ppointees of the Armed Forces Provisional Ruling
Council shall be held liable or answerable before a Court or authority or under this Constitution or any other
law, either jointly or severally, for an act or omi ssion in the performance of his or her official dut ies.
(2) After the coming into force of this Constitution, it shall not be lawful for any court or tribunal to
entertain any action or take any decision or make a ny order or grant any remedy or relief in any proceedings
instituted against the Government of The Gambia or any person acting under the authority of the
Government of The Gambia, or against any person or persons acting in concert or individually to assist or
bring about the change in government which took pla ce on the twenty second day of July 1994, in respect of
any act or omission relating to, or consequent upon :
(a) the overthrow of the government in power before the formation of the Armed Forces Provisional Ruling
Council;
(b) the suspension or abrogation of the Constitutio n of The Gambia 1970;
(c) the establishment of the Armed Forces Provision al Ruling Council; or
(d) the establishment of this Constitution.
(3) For the avoidance of doubt, it is declared that no action taken or purported to have been taken in the
exercise of the executive, legislative or judicial power by the Armed Forces Provisional Ruling Counci l or a
member thereof, or by any person appointed by the A rmed Forces Provisional Ruling Council in the name of
the Armed Forces Provisional Ruling Council except judges of the Supreme Court or the Court of Appeal,
shall be questioned in any proceedings whatsoever a nd, accordingly, it shall not be lawful for any court or
tribunal to make any order or grant any remedy or r elief in respect of any such act.
(4) The provisions of subparagraph (3) shall have effe ct notwithstanding that any such action as is
referred to in that subparagraph was not taken in a ccordance with any procedure prescribed by law.
(5) It shall not be lawful for any court or tribunal t o entertain an action instituted in respect of an act or
omission against a person acting or omitting to act on the instructions or authority of the Armed Forces
Provisional Ruling Council, or a member thereof, an d alleged to be in contravention of any law whether
substantive or procedural, in existence before or d uring the administration of the Armed Forces Provis ional
Ruling Council.
…
(15) Abrogation of 1970 Constitution
The Constitution of The Gambia 1970 (Act No1 of 197 0) is hereby abrogated.

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(16) Substitution of life imprisonment for death penalty
Where any law makes provision for a sentence of dea th in any case other than that provided for in section
18(2), the law shall have effect as if imprisonment for life were substituted for that penalty.
(17) Paragraphs not to be amended
The National Assembly shall have no power to pass a Bill to amend or repeal this paragraph or paragraph
11, 12, 13 or 14 of this Schedule.
…

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