Gambiaj.com – (Banjul, The Gambia) – The leader of the Gambia Democratic Congress (GDC), Mama Kandeh, has pointed to the contentious issue of retroactive term limits as a major obstacle to the country’s efforts to adopt a new constitution. Speaking at a press conference on Tuesday, Kandeh urged Gambians to prioritize national interest over political divisions, stressing that his party does not wish for President Adama Barrow to fail, as his failure would negatively impact the entire nation.

Kandeh attributed the collapse of the 2020 draft constitution to its provision counting President Barrow’s first five years in office toward the proposed term limits. He argued that it would have been unfair to retroactively apply term limits, given that the constitution in effect when Barrow assumed office contained no such restriction.

“Barrow’s first five years should have been included in the term limit. If we are to tell nothing but the truth, if all of us were in the position of Adama Barrow, we would not accept it, let alone those currently in power,” Kandeh stated. He explained that since the draft was not yet enforceable, its provisions should not have been applied retrospectively.

Illustrating his point, Kandeh likened the situation to a scenario where a new law prescribing severe punishment for theft is passed and then applied retroactively to punish someone who had committed theft before the law existed. “How can we make sense of and reconcile those two situations?” he questioned.

As an alternative approach, Kandeh suggested that the draft constitution should have been passed while exempting Barrow’s first term from the new term limit provisions. This, he argued, would have allowed for a smoother transition while still establishing a term limit framework for future presidents. “The draft constitution could have been adopted without a retroactivity clause on President Barrow’s first term. Even though technically this would have been his second term, Gambians would have then decided through the ballot whether to give him a third term,” he said.

Addressing concerns over President Barrow potentially seeking a third term, Kandeh emphasized that the ultimate power rests with the electorate. “They are now shouting ‘no third term to Barrow!’ That slogan can only succeed if Gambians reject Barrow in the ballot box,” he asserted.

Beyond the constitutional debate, Kandeh expressed appreciation for the government’s introduction of legislation against online insults. He noted that while political discourse is essential, it should be centered on policies and ideas rather than personal attacks.

Looking ahead, Kandeh assured Gambians that if elected president, he would push for the adoption of a new constitution that aligns with democratic principles while ensuring national stability. “If my party alone were to decide, we would have adopted the 2020 draft constitution and left the issue of term retroactivity to Gambian voters after the new constitution enshrined a term limit,” he concluded.

As debates on constitutional reform continue, Kandeh’s remarks highlight a critical perspective on the challenges facing The Gambia’s democratic transition and the need for compromise to break the political deadlock.