Mr. Ben Suwareh informed AG Radio that Adama Barrow’s 2024 Constitution is unlawful and should not have been considered by the National Human Rights Commission (NHRC). Any action that fails to adhere to due process and the rule of law is deemed illegitimate. Considering a proposal, continued Mr. Ben Suwareh, in the shape of a draft constitution from the executive to amend the people’s constitution is both unconstitutional and unlawful. The NHRC is consequently engaged in unlawful activities. The NHRC’s mandate is approaching its end, prompting them to take measures to satisfy the president in hopes of renewing their mandate.
Mr. Ben Suwareh asserts that no president or political party leader possesses the authority to draft their own constitution. Barrow’s decision to bring his own draft constitution is solely aimed at ensuring the continuation of his rule. Both the President and his justice minister are fully aware that this document is illegal, yet they continue to test and provoke the populace, hoping the draft will ultimately succeed. Barrow’s constitution is significantly inferior to Jammeh’s 1997 constitution.
Mr. Ben Suwareh emphasises that Gambians should thoroughly read the Communique of the National Human Rights Commission. This document is inherently contradictory. In the General Observations section (1), it is noted that “the 1997 Constitution of The Gambia, along with its numerous amendments, is not the suitable legal framework to support the country’s transition from a dictatorship to a people-centred democracy.” In the same paragraph section (3), it is stated, “The National Assembly is to consider and pass the Draft Constitution 2024 through the Second Reading to the Committee stage, where proper and detailed scrutiny of the content should take place.” During the Committee Stage, as the Draft Constitution 2024 is examined closely, the National Assembly ought to seek the perspectives, insights, and contributions of the public and various stakeholders, while also inviting position papers from relevant individuals, experts, and special interest groups.
How can the NHRC advocate for the 2024 Constitution, which is far worse in comparison to the 1997 Constitution, by urging the National Assembly to approve this draft? Nevertheless, the Chairman of the NHRC, Mr. Emmanuel Daniel Joof, has the boldness to post a comment on the Open Gambia Platform, asserting that the NHRC didn’t support the 2024 Draft Constitution. Rather than advocating for Barrow’s constitution, it would have been more appropriate to back the people’s constitution (2020 Draft Constitution). Engaging with something unlawful makes you complicit in that illegality, stated Ben Suwareh.
