Tuesday, February 3, 2026

Let Justice Guide Our Actions

 

 

22.2 C
City of Banjul
More

    GAMBIA: The National Assembly Must Uphold the Constitution and its Standing Orders

    Share

    The cry of protest from Hon. Modou L. Bah, Member for Banjul North, reverberates far beyond a mere procedural quibble. His public critique of the National Assembly’s decision to adjourn a session without holding the compulsory adjournment debate signals a more profound constitutional and democratic concern for the legislative integrity of our country. According to The Standard, Hon. Bah described the omission as “unjustifiable and unacceptable,” noting that it was the third time in succession the Assembly had adjourned without affording Members a platform to raise pressing national and constituency issues.

    At the heart of this controversy is Member for Saloum Alhagie Mbow’s motion under Standing Order 54(b) and (c) to adjourn without debate. In itself, such a motion may sound plausible to those unfamiliar with the legal architecture of our parliamentary rules. But legal and procedural plausibility is not the same as legality. In this instance, the motion runs counter to the precise, unambiguous requirements of the Standing Orders of the National Assembly.

    Parliamentary procedure is law, and not convenience. Under the Assembly’s Standing Orders, the adjournment debate at the end of a Session is not optional. Instead, it is a compulsory procedural obligation. Two interlocking provisions underscore this.

    Standing Order 11(2)(b) mandates that “on the completion of business at the last sitting of each Session, there shall be a debate on the motion on the adjournment of the Assembly.” This language is not permissive; it is prescriptive.

    Standing Order 54(1) further provides that this motion must be moved by specified office holders such as the Majority or Minority Leader, or in their absence, any Member.

    Taken together, these clauses make one point unmistakably clear: the adjournment debate at the end of a Session is a substantive, standalone part of the legislative calendar, not a negotiable add-on. It is compulsory. The adjournment debate is the only scheduled space where NAMs, particularly from minority parties and smaller constituencies, can raise matters of urgent public interest that may not be on the formal Order Paper.

    Hon. Bah highlighted some of these issues, citing energy tariffs, environmental concerns related to sand mining and wildlife protection, and other constituency matters that would have benefited from the Assembly floor. When the opportunity for such debate is repeatedly denied, the effect is to silence voices and shrink democratic space inside the legislature.

    Mbow’s motion to adjourn without debate, even if couched in the broad language of Standing Order 54, cannot override the specific, mandatory directive of Standing Order 11(2)(b). Under established rules of statutory and procedural interpretation, a particular mandate cannot be nullified by a general or subsidiary provision. If lawmakers intend to dispense with a compulsory adjournment debate, the only lawful means to do so would be to suspend the relevant Standing Orders in accordance with the Assembly’s own rules. No such suspension was recorded.

    By allowing a pattern of adjournments without debate to take hold, the National Assembly has set a dangerous precedent. If procedure becomes subject to convenience rather than obligation, then the very mechanisms designed to ensure robust oversight and accountability are undermined. This is not just bad practice, but it also erodes trust in the institution and weakens the representative function of Members who serve as the voice of their constituents.

    I hereby call on the Speaker to ensure that the adjournment debate is never shelved. Equally, I urge Alhagie Mbow in particular and all NAMs not to ever suggest or take any decision to suspend the adjournment debate again. I urge the Clerk and Table Office to provide proper guidance to the Speaker and NAMs to realise and fulfil their obligations in line with the law.

    The repeated skipping of required adjournment debates is not merely a procedural lapse but also a constitutional concern that warrants immediate corrective action. NAMs must ensure total adherence to the Standing Orders and demonstrate commitment to debate as a tool of accountability, which can only strengthen the Assembly, honour the voices of all NAMs, and affirm The Gambia’s democratic aspirations.

    For The Gambia, Our Homeland!

    Read more

    Local News

    Chat Icon