Four citizens of The Gambia—Sait Matty Jaw, Madi Jobarteh, Pa Samba Jow, and Babucarr Nyang—have initiated a lawsuit at the Supreme Court, contesting the actions of the National Assembly regarding the approval of the 2025 budget. The lawsuit names the Clerk of the National Assembly, the Minister of Finance and Economic Affairs, and the Attorney General as defendants.
The plaintiffs are requesting a ruling from the Supreme Court on whether section 152 of the Constitution (as amended) empowers the National Assembly, via the Speaker, to allow the Minister of Finance to submit the 2025 Estimates of Revenue and Expenditure after the deadline. The Constitution stipulates that the budget is to be presented no less than 60 days prior to the conclusion of the financial year.
The case cites sections 5(1)(a) and (b), 94, 127(1), and 152 of the 1997 Constitution, in addition to section 21 of the National Assembly (Powers and Privileges) Act and Order 8 of the Assembly’s Standing Orders. The plaintiffs seek a declaration from the Court that the late submission of the budget is unconstitutional, request the nullification of all related proceedings, and assert that such delays carry no legal effect.
The plaintiffs contend that their case is based on section 5(1)(a) and (b) of the Constitution, which grants citizens the authority to safeguard its provisions. They portray themselves as champions of the rule of law, democracy, and effective governance.
The plaintiffs assert in their case statement that the Minister of Finance presented the 2025 budget to the National Assembly on November 15, 2024. The Minister explained that the delay was due to ongoing negotiations with the World Bank and the International Monetary Fund, which resulted in him missing the constitutionally mandated deadline. This ignited intense discussions among legislators.
The Speaker of the National Assembly determined that section 152(1) of the Constitution does not clearly require the Assembly to dismiss a late budget submission or outline consequences for failing to meet the deadline. The Speaker emphasised that the Assembly is required to review the estimates as outlined in section 152(1A), adhering to the designated timeline, regardless of any delays in their submission.
After discussions with Assembly leadership, the Speaker determined that the Minister’s apology permitted the formal tabling of the budget, even though it was submitted late. As a result, the National Assembly moved forward to approve the 2025 Appropriation Bill on December 16, 2024.
The plaintiffs argue that the Speaker exceeded her authority by permitting the late submission, thus breaching section 152 of the Constitution as amended by the 2023 Constitution (Amendment) Act. Their contention is that the Speaker’s decision compromises constitutional protections and calls for judicial scrutiny.
