Senior Lawyer Lamin J. Darboe, alongside the Coalition of Progressive Gambians and Kemeseng Sanneh (Kexx Sanneh), have filed a case at the Supreme Court of The Gambia to challenge the constitutionality of specific provisions within the Commission of Inquiry (Amendment) Act of 2023.

The lawsuit, directed against the Attorney General and the Clerk of the National Assembly, focuses on sections 19, 20, and 21 of the Commission of Inquiry (Amendment) Act. This Act, passed by the National Assembly on September 2, 2023, gives the President the authority to grant amnesty to individuals banned from holding public office by a Commission of Inquiry.

The plaintiffs argue that these sections directly conflict with sections 200, 201, 202, 203, 204, 205, and 206 of The Gambia’s Constitution. They contend that the National Assembly exceeded its legislative authority in enacting these provisions and seek a declaration from the Supreme Court that they are null, void, and of no effect.

Section 200 of the Constitution empowers the President to establish a commission of inquiry to investigate various matters in the public interest, including the conduct of public officers, district chiefs, or local government authorities. Sections 201 to 206 outline the appointment, functions, and powers of a Commission of Inquiry, as well as the publication of its report, adverse findings, immunity of witnesses, and the National Assembly’s authority to make additional provisions for the operation of such commissions.

The plaintiffs are requesting the Supreme Court to strike out sections 19, 20, and 21 of the Commission of Inquiry (Amendment) Act of 2023, citing their inconsistency with the Constitution. This legal challenge highlights the ongoing debate over the limits of legislative power and the importance of upholding constitutional principles in The Gambia.