By: Mama A. Touray
As debate continues over the late tabling of the 2025 budget estimates, presented before the National Assembly on Friday by the Minister of Finance and Economic Affairs, the former President of the Gambia Bar Association, Salieu Taal, has criticized both the National Assembly and the executive for violating the constitution.
Appearing on West Coast Radio’s Coffee Time, Taal stated that this is the first time since 2017 that both arms of the government have jointly violated the constitution.
“The executive violated the constitution by presenting the estimates outside the stipulated timeframe, and the National Assembly also violated the constitution by allowing the estimates to be tabled, knowing that the constitution requires it to be presented 60 days before the end of the financial year,” he added.
He argued that the constitution is very clear, citing Section 132, as amended by the Constitutional Amendment Act of 2023, which stipulates that the budget must be presented 60 days before the end of the financial year. “There is no doubt that this budget was not presented 60 days before the end of the financial year, as we all know,” Taal said.
He emphasized that this constitutional requirement mandates the President, through the Finance Minister, to present the estimates. “It is not at the discretion of the President or Minister to decide whether to present it or not,” he said.
Taal noted that the Minister of Finance apologized, explaining that he was constrained and could not meet the deadline.
“What actually shocked me is that the National Assembly, through the Speaker, made a ruling stating that, notwithstanding the fact that the constitution of the republic was violated, their interpretation was that there is no provision for what should happen if the budget is not presented on time. Using their standing orders, the Speaker ruled to allow the budget to be presented,” he said.
Taal questioned why standing orders, which are internal regulations of the National Assembly, were used to permit an unconstitutional process. “Can you imagine a constitutional provision being disregarded, and the Speaker issuing a ruling based on his own standing orders? This is a very sad day for Gambia’s democracy; we have come a long way,” he lamented.
Referencing the era of Jammeh compared to today’s Gambia, Taal remarked: “Yaya Jammeh changed our constitution 52 times. Back in those days, he could do whatever he wanted with the constitution, and no one could do much about it. But in today’s Gambia, these are exactly the things we fought against. We are a country ruled by laws, and these laws apply to everyone—from the President and the executive to the National Assembly and judges.”
He stated that the rule of law requires that laws, particularly the supreme law of the land, the constitution, must be upheld. “The constitution is inviolable,” he emphasized.
Meanwhile, he noted that citizens have the right to seek redress as provided by the constitution. “They can go to court and challenge the constitutionality of these estimates. If I am instructed by the citizens, I will take the case to court,” he concluded.
