Gambiaj.com – (BANJUL, The Gambia) – In a riveting appearance on West Coast Radio’s Coffee Time with Peter Gomez, Salieu Taal, former President of The Gambia Bar Association and a founding member of the civil society group #GambiaHasDecided, delivered a scathing critique of the 2024 budget process. Taal, a staunch advocate for the rule of law, described the process as a “flagrant violation” of the Constitution, highlighting significant lapses by both the executive and legislative branches.

Finance Minister Seedy Keita apologized to the National Assembly on Friday for breaking the constitution when presenting the 2025 budget estimates beyond November 1, 2024.

Taal began by explaining that the Constitution, under Section 152 as amended by the 2023 Constitutional Amendment Act, mandates the President to present the annual budget estimates to the National Assembly at least 60 days before the end of the financial year.

However, he pointed out that this year’s estimates were presented past the deadline, with the Minister of Finance citing constraints as the reason for the delay.

“The Constitution is very clear: the word ‘shall’ does not give discretion,” Taal emphasized. “This requirement was blatantly disregarded, and what shocked me further was the National Assembly’s decision to condone this breach through a ruling by the Speaker. They justified it using their standing orders, which cannot override the Constitution.”

Taal criticized the Speaker’s decision to rely on internal National Assembly regulations to bypass constitutional provisions, calling it a “sad day for Gambia’s democracy.” He argued that the Constitution is the supreme law and must take precedence over expedient political decisions.

Taal expressed concerns over the broader implications of such constitutional violations. Drawing parallels with the era of former President Yahya Jammeh, he remarked, “These are exactly the things we fought against. In this new Gambia, laws must apply to everyone—including the President, the National Assembly, and the judiciary. The Constitution is sacrosanct.”

The constitution was revised in 2023 to require the finance minister to propose budget projections to the National Assembly at least 60 days before the conclusion of the fiscal year.

He also noted the irony of the amendment itself, which extended the budget submission timeline from 30 to 60 days, to allow for greater scrutiny. “This amendment by Alagie Mbow, National Assembly Member for Upper Saloum, was meant to strengthen oversight. But instead of upholding the law, the delay was justified for expediency.”

When asked about potential actions to address the issue, Taal noted that citizens have the right to seek redress in court under Section 5 of the Constitution. While he stopped short of committing to filing a lawsuit, he hinted that such a challenge would be valid, given the clear breach of constitutional provisions.

“This is not about politics; it’s about respecting the Constitution,” he said. “The government must understand the gravity of such actions. Disregarding the Constitution, even once, sets a dangerous precedent.”

Taal’s remarks also shed light on the role of civil society organizations like Gambia Participates, which he chairs, in scrutinizing the budget process. He mentioned ongoing analyses of the estimates, which will be presented in the coming weeks to foster public understanding and accountability.

Wrapping up the interview, Taal reiterated his commitment to the rule of law and democracy. “This is about safeguarding the principles we fought so hard to establish. The Constitution is not optional; it’s the foundation of our nation.”