The rule of law is the foundation of any civilized and democratic society. It is the basis upon which rights are protected and fulfilled, justice is administered, and public office holders are required to exercise authority in a predictable, accountable, and lawful manner. Where the rule of law is disregarded, personal whims and caprice prevail, leading inevitably to underperformance, abuse of office, corruption, and widespread human rights violations.
In the Gambia, the rule of law is firmly established in the Constitution and other statutes, which all public officials without exception are duty-bound to uphold at all times. Peace, security, stability, and sustainable development can only be achieved within the confines of constitutionalism and legality. Without the rule of law, anarchy and impunity take root.
It is against this backdrop that the Edward Francis Small Centre for Rights and Justice welcomes the ruling of the Supreme Court on December 18, which held that the Minister of Finance and Economic Affairs Seedy Keita violated the Constitution by failing to submit the 2025 budget estimates to the National Assembly within the constitutionally stipulated timeframe. This landmark decision sends an unambiguous message that public officials are not above the law and that constitutional obligations are mandatory, not optional.
Crucially, the ruling also affirms that when citizens stand up to demand accountability through lawful means, the courts will hear and adjudicate their claims accordingly. This reinforces public confidence in the Judiciary and underscores the importance of litigation as a legitimate and powerful tool for promoting good governance, constitutionalism, and human rights protection in the Gambia.
By this decision, the Minister of Finance and indeed all public officials must recognize that public office carries not only legal obligations but also the duty to perform with the highest standards of professionalism, efficiency, diligence, and integrity. The failure to comply with clear constitutional timelines in the submission of the national budget constitutes gross misconduct and underperformance, for which accountability must follow.
EFSCRJ therefore calls on the President and the National Assembly to take appropriate action against Minister of Finance, Seedy Keita, in line with their respective constitutional oversight and accountability responsibilities. The Supreme Court has discharged its constitutional duty. The responsibility now rests squarely with the Executive and the Legislature to act decisively and send a clear signal that violations of the Constitution and impunity will not be tolerated. No citizen regardless of status, office, or political affiliation should be allowed to breach the law without consequences.
As an accountability and governance organization, EFSCRJ will continue to monitor the conduct of public institutions and officials at both central and local government levels to ensure consistent compliance with the Constitution and the law.
In this regard, EFSCRJ commends veteran activist Pa Samba Jow, the Executive Director of Centre for Research and Policy Development Sait Matty Jaw, activist Baboucarr Nyang, and our Executive Director, Madi Jobarteh, together with their legal representatives, Salieu Taal and Abdoulie Fatty, for demonstrating vigilance, courage, and active citizenship by pursuing this matter to the highest court of the land. Their action has significantly strengthened constitutional accountability, the rule of law, and democratic governance in The Gambia.
EFSCRJ remains committed to defending constitutionalism, promoting accountability, and ensuring that public power is exercised strictly in the interest of the Gambian people.
2025 – The Year of Transparency and Accountability
