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EDITORIAL: A national call for traditional medicine legislation

Hadram Hydara
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EDITORIAL: A national call for traditional medicine legislation

EDITORIAL: A national call for traditional medicine legislation

For some time now, a Ghanaian Professor of Naturopathic Healthcare, Raphael Nyarkotey Obu, who is currently a Barrister-At-Law Candidate at the Gambia Law School, Banjul, has been canvassing for support towards traditional medicine legislation in The Gambia. He combines this advocacy with the workload at the Gambia Law School, Banjul. His advocacy has created a huge interest in natural remedies with his frequent evidence-based articles. He has been working with the traditional healers in The Gambia to achieve this feat. We believe that this call is timely in The Gambia, and we support his call for legislation.

Our case is that: Bearing in mind that the history of standard medicine is actually through empirical work from plants and based on experience and research on the active substance content, that is what Paracelsus (1541-1493 BC) did. Hippocrates (459-370 BC) used more than 200 types of plants in his medicine. We recommend following the WHO Traditional Medicine Strategy. The desire to applicable legal regulations in the law on the practice of traditional medicine, complementary medicine, and alternative medicine is an essential wish for Parliament in the Gambia to implement.

We support Prof. Nyarkotey Obu’s positive thinking and support regarding traditional medicine legislation in The Gambia. We hope the idea will be implemented and his way of thinking befits the aim of legal training.

Indeed, the global market for traditional therapies stood at more than US$60 billion in 2000 and is steadily growing and many countries are benefiting from the regulation of traditional medicine. The likes of China and India are typical examples. Also, Ghana has over 55 government hospitals with herbal medicine departments with trained Medical Phythotherapists. The economy of Ghana and the healthcare space is benefitting from effective regulation of traditional and complementary therapies. Also, as Professor Nyarkotey asserts, even in countries where regulation exists, the risk of traditional practices has been reported in the media space. What therefore is the fate of The Gambia without legislation for the practitioners? We, therefore, call on the government to help with legislation.

President Barrow congratulates all Gambians for the peaceful conduct of the councillorship elections; Reaffirms his commitment to democratic values

Hadram Hydara
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President Barrow congratulates all Gambians for the peaceful conduct of the councillorship elections; Reaffirms his commitment to democratic values

His Excellency President Adama Barrow, the Secretary-General and Party Leader of the National People’s Party (NPP) wishes to thank all members and supporters of NPP, National Reconciliation Party (NRP), Alliance for Patriotic Re-Orientation and Construction (APRC) Gambia Party for Democracy and Development (GPDP), National Convention Party (NCP), Citizen Alliance (CA), ANRD, GANU and all other non-party affiliated Gambians for their participation in the just-concluded Local Government Elections on April 15, 2023, and giving the NPP a satisfactory majority.

The President further commends all Gambians for their peaceful conduct throughout the voting process thus confirming the maturity of our new democratic dispensation. President Barrow reaffirms his commitment to the consolidation and nurturing of peace, development and prosperity in our nation.

As a political party, the results of the Local Government Election show an improvement from the National Assembly in all the regions. They reflect an incredible performance of our young party which won an absolute majority in the previous Presidential election and majority seats in both the National Assembly and Councils’ elections. These gains must be consolidated and all NPP members and partner parties are urged to take stock of these elections by identifying our strengths and weaknesses and proffering solutions in preparation for the Mayoral and Chairmanship elections that would close the current electoral cycle.

On behalf of NPP, NRP, APRC, CA, GPDP, ANRD, GANU and all other partners, the Secretary-General and Party Leader congratulates all our elected Councillors and wishes them a successful term in their new assignments.

Seedy SK Njie
Deputy Spokesman, NPP.

Get the facts straight: Debunking the false rumours surrounding Achraf Hakimi’s divorce

Hadram Hydara
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Get the facts straight: Debunking the false rumours surrounding Achraf Hakimi’s divorce

Hold onto your hats, folks, because we’ve got a wild rumour circulating the internet about Moroccan footballer Achraf Hakimi and his soon-to-be ex-wife. This rumour is hotter than ‘Bakau Kaniba’ on a scorching day. According to some reports from an untrusted Ugandan news outlet called News 24/7, Hakimi allegedly put all of his assets in his mother’s name to avoid sharing them with his soon-to-be ex-wife, Hiba Abouk. But wait a minute, is there any truth to this sensational story? Let’s separate fact from fiction, shall we?

According to this rumour, which has not even been picked up by Moroccan publications yet, Hakimi allegedly transferred all of his assets to his mother’s name to evade sharing them with his soon-to-be ex-wife. But let’s be honest here, that sounds more far-fetched than a unicorn prancing down Kairaba Avenue. This rumour is as fake as a knockoff Rolex sold on at Serekunda market corner.

It all started when Hakimi’s soon-to-be ex-wife filed for divorce and demanded half of his assets. Suddenly, the rumour mill went into overdrive, and everyone was yapping about how Hakimi was hiding his millions. But I can guarantee you that’s a bunch of hooey.
What we know is that Hakimi has been accused of rape and that could be a contributing factor in the breakdown of his marriage. We don’t know the timeline of events, but it’s not uncommon for such serious allegations to put a strain on a relationship.

And regarding his assets, Hakimi owns a company called Sashi Ha Investment SL with a capital of €3 million, and he recently bought a property in Getafe, Spain. And guess whose name is on all of those deeds? Hakimi Mouh Achraf.

So, unless his mother is secretly moonlighting as a real estate tycoon, this rumour is as bogus as a three-dollar bill. But what about his image rights and sponsorship deals, you might ask? Well, those earnings are personal to him, and he can’t just stash them away in his mama’s account.

And let’s not forget that hiding assets or properties through a proxy is downright illegal. Unless Hakimi is channelling his inner Walter White and hiding his money in barrels buried in the desert, he’s probably in the clear.

But let’s not be too quick to judge here. Maybe Hakimi is just a mama’s boy at heart and wants his dear mother to have a slice of the pie. After all, who wouldn’t want their mom to have a few extra bucks for bingo night at the local community centre?

On the other hand, if Hakimi has indeed been “donating” his money and properties to his mother, he’s in for a rude awakening during the divorce proceedings. The court will uncover every hidden asset, and he won’t be able to escape his obligations. And let’s face it, folks, nobody wants to be on the wrong side of the law.

If we want to get to the bottom of the Hakimi and his wife’s asset-sharing debacle, we should rely on primary sources such as court documents or statements from the actual people involved.

Now, let’s talk about the elephant in the room – the media’s coverage of this story. The rumourmongers have been slandering Hakimi’s ex-wife as a gold digger, and that’s just not cool. We don’t know the details of their divorce, and it’s not our place to judge. It’s high time we put a stop to this nonsense and held the media accountable for their reporting.

The media houses that published this story didn’t even attempt to reach out to Hakimi, his ex-wife, or his mother. That’s just plain lazy journalism, folks. It’s like they’re more interested in sensational headlines than actual facts.

In fact, this fake news about Hakimi’s assets being registered in his mother’s name came from an untrusted Ugandan news outlet called News 24/7 and quickly spread like wildfire on TikTok.

The rumour that Achraf Hakimi registered his properties in his mother’s name to evade asset-sharing with his ex-wife is false. And unless you’re a fan of conspiracy theories, you probably won’t buy this story.

Prof. Nyarkotey: Women’s fertility declines after 35; science says 26 is the magic age for marriage.

Hadram Hydara
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By Prof. Raphael Nyarkotey Obu

Women’s fertility declines after 35; science says 26 is the magic age for marriage.

I read one article that states that the perfect age to get married, according to science is 26 for women and 32 for men. I decided to delve into this more due to the recent craze for fertility discussions on our airwaves. What could be the problem? I found that, though people are talking about fertility, they’re not having the conversation about where and when it matters.  For instance, The RMANJ survey revealed that only 26% of women surveyed have had conversations with their OB/GYN about fertility and nearly half (42%) of women surveyed who had experienced infertility reported that their OB/GYN never started a conversation with them about fertility.

The magic number 26 for marriage

The number comes from the Algorithms to Live By: The Computer Science of Human Decisions, which was written by journalist Brian Christian and cognitive scientist Tom Griffiths. According to their book, people make the best decisions after screening 37 percent of the options.

They use the example of screening job applicants and argue that after looking through 37 percent of the people who applied, it would make sense to choose a candidate who was qualified without looking any further.

The authors of the study say that it’s at this point where the reviewers of the applicants have enough information to make a good choice, but not too much that they will get weighed down by indecision. The study further asserts that this rule works for picking out a partner. The range during which people typically look for love is between 18-40 and the 37 percent mark is 26. Past 26, the quality of the options begins to go down.

However, many experts seem to agree that the late 20s is the sweet spot for getting married. Psychologist Wyatt Fisher says that the reason this time in your life is so ideal for settling down is that it is at the point at which you have already completed your education and started a career.

Clinical social worker Kelsey Torgerson says it’s crucial to at least wait until the human brain is fully developed to find a life mate, which isn’t until age 25.

She says, “I believe it’s best to wait until this marker. It’s also important to experience stressors with your partner that you overcome, so if you have a high school sweetheart, you should see how you two handle college, long distance, studying abroad, or getting two jobs. You want to know that you have the conflict management strategies in place for a healthy, successful marriage down the road.”

Relationship therapist, Weena Cullins, thinks the magic number is 28. As she explains, “In my clinical experience, I’ve found that the best age to get married for women in the U.S. is 28. At age 28, my soon-to-be brides exhibit self-awareness and confidence in their choice of a mate. Most 28-year-olds have had the time to successfully explore who they are on a personal and professional level, discover the qualities they desire most in a life partner, and learn from mistakes they made in previous relationships. You’ve had time to get settled in a career, experience the college, and graduate school if that’s your preferred path, or simply live independently before combining your life.”

The Magic Number 32  for Men

And for men, Cullins thinks the magic number is 32:  “Waiting until age 32 affords men an opportunity to get settled into a career and potentially pursue professional advancement before tying the knot. It also allows them to develop socially and emotionally through living on their own and dating. By 32, many men have spent enough time on the social scene to be able to make an informed decision about entering into married life. They also tend to have a sober perspective about having children and their role in co-parenting. This benefits the overall health of the relationship.”

Why the number 26 is important for women

A recent study by Owen and Sparzak, (2022) found that females are born with a determinate number of oocytes. In contrast to their male counterparts, females do not create new gametes throughout their lifetime. This number of oocytes peaks at around 20 weeks gestation and decreases with age. The female gametes decline stepwise until approximately age 32, at which point the number of oocytes decreases more quickly until about age 37 when they decrease significantly.

As modern women push the initial childbearing age back, age-related fertility decline is increasing among our population. Given this reality and that there is no cure for this phenomenon, the OBGYN Generalist has an important role in educating patients regarding their potential fecundity starting at an early age and referring patients for further workup promptly.

Age and eggs

  • A woman’s age is the most important factor affecting her fertility and her chance of having a baby.
  • The chance of having a child is much higher for women younger than 35 years and men younger than 40 years than for older women and men.

A woman is born with all the eggs she will ever have. As she ages her eggs age with her and their number and quality reduce over time.  This is why her chance of having a baby also reduces over time, especially for women older than 35 years of age.

In one study, Andersen et al.(2000) looked at over 1 million pregnancies, women over 35 had a much higher rate of pregnancy loss; the risk of miscarriage for women over 40 was more than 50%, and by age 45, over 90% of pregnancies ended in miscarriage. Rates of Down syndrome increase significantly as well, from 1 in 1,200 for mothers aged 25 to 1 in 30 for mothers aged 45. So while 35 is not the single “age of fertility decline,” it makes sense as a convenient shorthand.

Age-related fertility decline is a universal and consistent biological trait for all women (and for men too, though the timeline is longer). Unfortunately, the age of fertility decline cannot be extended with a supplement, diet, exercise, or other therapies (though fertility decline can be steepened by certain lifestyle factors, such as smoking, or exposure to chemotherapy or other medications). In other words, women can’t extend their fertility through lifestyle changes or good habits that are beneficial to other areas of health (such as heart health, for example). That’s why egg freezing is such a powerful tool for women who want to preserve the option to have children later in life.

In another survey performed by Reproductive Medicine Associates(2016)of New Jersey in March, the gap between what people believe about their fertility and the actual biology is pretty wide.

The survey, which polled the beliefs of 1,000 adults between the ages of 18–40, demonstrated that 57% of respondents reported that they believed a woman’s “biological clock” stopped ticking at age 44. While it’s true that some women can have children naturally at age 44, fertility declines throughout a woman’s 20s and falls significantly after 35; only about half of women over 35 can achieve pregnancy in one year, compared with three-quarters of women under 31. By age 44, pregnancy rates are a mere 1–5%, with only about 2% of the remaining eggs deemed chromosomally normal. (Of course, the “biological clock” is an imperfect metaphor, but the fact remains that women have a very small chance of getting pregnant naturally over age 40.)

This survey is just the most recent in a series of studies examining public knowledge of fertility. Another recent survey performed by the Royal College of Obstetricians and Gynecologists in the UK examined the fertility perceptions of 1,000 young men and women between ages 16 and 24.

In this survey, more than 80% of both sexes believe women’s fertility only begins to decline after age 35. (As we talk about often, fertility decreases throughout our adult lives—it’s just the more drastic decline that sets in at 35.) Additionally, a quarter of young men thought a woman’s fertility only starts to decline after the age of 40 (compared with 16% of girls). And yet another 2016 survey, this one by the Fertility Centers of Illinois, revealed that of 1,208 American women ages 25–45 who had never been pregnant, only 48%—that’s less than half—understood that there was an age-related decline in fertility and increase in aneuploidy and pregnancy loss.

These recent results mirror those of the comprehensive 2011 study by pharmaceutical company EMD Serono that examined the fertility “IQ” of 1,010 women aged 25–35 who had never given birth and were not actively trying to conceive. Despite indicating that they plan to have their first child in their early to mid-30s, 73% of women in the Serono survey “anticipate that they would have an average, or easier than average, time conceiving than most women.” This belief doesn’t match reality: the survey reports remind us that 1 in 4 married women aged 35–44 experience infertility when attempting to have their first child, compared to only 1 in 10 of those under the age of 30.

Additionally, only a third of Serono’s respondents correctly identified age as the leading risk factor for infertility, and most believed that women over 40 have between a 10 and 40% chance of pregnancy in any given month—the actual monthly chance of pregnancy is only about 10%! The respondents also generally overestimated the success of IVF (believing IVF pregnancy rates to be 50–59% when they are 20–29%) and, importantly, were unaware of the importance of the age of the egg too in vitro fertilization success; 54% think that the chance of successful pregnancy via IVF does “not depend on the origin of the egg.”

How can this be?! It seems like everywhere we look, people are talking about fertility—but it turns out they’re not having the conversation where and when it matters. The RMANJ survey revealed that only 26% of women surveyed have had conversations with their OB/GYN about fertility and nearly half (42%) of women surveyed who had experienced infertility reported that their OB/GYN never started a conversation with them about fertility.

This again reflected the earlier EMD Serono survey results, which revealed that a majority of women never discussed future pregnancy plans (52%), age as an infertility risk factor (78%), or infertility treatment options (89–96%) with their OB/GYN. And it’s not because women don’t want this info; the Fertility Centers of Illinois reported that 89% of respondents agreed that infertility education should be mentioned at an OB/GYN visit and 52% of women age 35 or older stated that they would have made different life choices if they had known about the age-related decline in fertility.

Why aren’t women having this conversation with their doctors—before their fertility becomes a time-sensitive issue? Probably, it’s a combination of the fact that doctors aren’t always comfortable breaching the topic with patients (or there may not be a time in an otherwise packed OB/GYN visit); the fact that there’s still a stigma surrounding fertility issues, childlessness, and fertility preservation; and the fact that women can’t ask their doctors about a problem if they’re not aware of it in the first place.

That’s why some experts are calling for fertility education at the high school level, and why Adam Balen, Chair of the British Fertility Society, is advocating for “choice, not chance,” saying, “We aim to ensure that sex and relationship education not only covers how to avoid pregnancies and sexually transmitted diseases but also includes information about fertility and planning for the right time to start a family… We want to enable young people to make informed choices about pregnancy, whether that choice is to start a family or not.”

Credit: Extendfertility.com, 2016)

Men infertility

Age and sperm

Men younger than 40 have a better chance of fathering a child than those older than 40. The quality of the sperm men produces seems to decline as they get older.

Most men make millions of new sperm every day, but men older than 40 have fewer healthy sperm than younger men. The amount of semen (the fluid that contains sperm) and sperm motility (the ability to move towards an egg) decrease continually between the ages of 20 and 80.

We’ve all heard about men in their 80s and 90s fathering children, but this is rare. A father’s age also affects the chance of a couple getting pregnant. It takes longer for partners of men older than 40 years to conceive.

Assuming a woman is younger than 25; if her partner is also younger than 25, it takes an average of five months to get pregnant. If her partner is older than 40 years, it takes around two years, and even longer if he is older than 45.

Also, the risk of miscarriage is higher for women whose male partner is older than 45, compared to men younger than 25 years of age. For couples having IVF, the chance of having a baby is higher if the man is younger than 41 years of age.

Take Home

A concern for many women entering their 30s and beyond is when their fertility potential will begin to decline.

Studies show conclusively that older women suffer more fertility problems than younger women. In our society especially, where women pursue rewarding careers and often delay childbearing in the process, deciding when to pursue pregnancy while facing a ticking “biological clock” can be a daunting choice.

The American College of Obstetricians and Gynecologists (ACOG) recently updated its committee opinion, stating that women’s fertility begins to decrease gradually but significantly beginning at approximately age 32 and decreases more rapidly after age 37. Women older than 35 should receive an expedited fertility evaluation and undergo treatment after six months of failed attempts to conceive. In women older than 40 years, more immediate evaluation and treatment are warranted.

While there is no single age that represents a “fertility deadline,” conclusive data shows that the chances of achieving pregnancy are linked with age and decrease with increased age. However, the rate of this decline is relatively modest up until the early 30s. The reasons for this are many, but they center on the concept that increasing maternal age is generally associated with a decline in both the number of eggs and the quality of those eggs.

Women need to understand the effect of age on fertility, especially when they would like to plan a family. In most cases, an evaluation performed by an infertility expert can shed light on the “ovarian reserve,”  a term used to describe how many eggs are available every month. In many instances, other problems are also diagnosed during such an evaluation to increase non-age-related issues that may be causing problems.

NB:

Prof. Nyarkotey has strict sourcing guidelines and relies on peer-reviewed studies, academic research institutions, and medical associations to justify his write-ups.  My articles are for educational purposes and do not serve as Medical advice for Treatment. I aim to educate the public about evidence-based scientific Naturopathic Therapies.

The writer is a Professor of Naturopathic Healthcare, a Medical Journalist, and a science writer. President, Nyarkotey College of Holistic Medicine & Technology (NUCHMT), African Naturopathic Foundation, Ashaiman, Ghana. E. mail: [email protected].

Prof. Nyarkotey & Sackey: Can the Police Arrest without a Warrant?

Hadram Hydara
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By Prof. Raphael Nyarkotey Obu & Daniel Sackey

There are instances where the public agitates about arrest without a warrant. The question for discussion in this article is whether a police officer can arrest without a warrant.  As professional law students at the Gambia Law School, Banjul, and the Ghana School of Law, Ghana, we examine this based on the Ghanaian and Gambia jurisdictions. We also examine the objective test of arrest without a warrant.

Arrest

An arrest can be effected either with a warrant or without a warrant.

The Gambia Jurisdiction.

In the case of the Gambia, Police officers, judicial officers, and private persons are empowered before the law to effect an arrest without a warrant. Also, members of the Gambia National Guard and the National Intelligence Agency are clothed with the powers of arrest without a warrant. Section 15 of the Gambian Criminal Procedure Code (CPC) ACT NO. 26 of 1933, provides the road map and grounds for arrest without a warrant by any police officer or any order from the Magistrate.

Additionally, Section 73(1) of the Drug Control Act (Cap 13:05) gives the power to a Narcotic Control Officer, a police officer, a customs officer or any other person acting in the exercise of his or her powers may arrest without a warrant. The grounds for arrest have been provided in this section.

However, in the exercise of his powers under section 15 of the CPC or section 73 of the Drug Control Act, a police officer or Narcotics Control Officer in the Gambia, as the case may be, must demonstrate that there were facts from which it could be reasonably inferred that the suspect committed the crime or offence. Anything apart from this, the police officer or the Narcotic Control Officer would find it defend to mount a defence on his or her action by relying on the statutory provision.

Ghanaian Jurisdiction

Now turning to the Ghanaian Jurisdiction, section 10 of the Criminal Procedure Code of Ghana (Act 30) gives the power to the police to arrest without a warrant.

A police officer has the statutory power to arrest without warrant a person who the police officer suspects, upon reasonable grounds, of having committed an offence or of being about to commit an offence and in order to prevent the commission of the offence in any highway, yard, building or other places during the night. The police officer must suspect that the person has committed a criminal offence or is about to commit the offence in any place. But, the suspicion must be reasonable; in other words, the grounds for the suspicion must be reasonable to justify the arrest. However, there is a very important overriding qualification attached to this common law power of the police, namely, it must be exercised reasonably. This places a duty on the police officer to satisfy himself that there are reasonable grounds for the suspicion of the guilt and the reasonable grounds must exist at the time of the arrest and not after the arrest.

The common law principle in Christie v. Leachinsky is codified under Act 30 in Ghana and states that a police officer has a right to arrest, without a warrant, any person whom he reasonably suspects of having committed a felony, although no crime has in fact been committed.

The objective test for arrest without a warrant

In both jurisdictions: Concerning an arrest without a warrant, the objective test is paramount. This means that the police cannot just arrest anyone based on his or her personal belief but it has to be based on the facts of the case.  Thus the test is objective one. We examine some supporting cases:

The first is the Nigerian case of Chukwuka v Commissioner of Police (1964) NNLR 21. The court reasoned that: “The objective test is not what the police officer himself regards as reasonable but the whether the facts within the knowledge of the policeman at the time revealed circumstances from which it could be reasonably inferred that the appellant had committed an offence”.

The Ghanaian court in the case of Solomon Joojo Cobbinah and others v. Accra Metropolitan Assembly and others (2017) with Suit No. HR/238/2015 also set out the test to determine the reasonableness of an arrest by the Police without a warrant as follows; “The test for reasonableness cannot be subjective; it must be objective. The decision to arrest or not to arrest ought not to be left to the absolute and unregulated discretion of the arresting officer or to the whims and caprices of such an officer or else the test for reasonableness will depend absolutely on the officer. That ought not to be the case. The test for reasonableness must be objective. In other words, there must be a common standard or measure for determining whether the arrest is reasonable or not. The standard for reasonableness can be found in the statutory provision that creates the criminal offence. Undoubtedly, each offence has discrete ingredients to be proven by the production of relevant and admissible evidence. And, the facts that give rise to a reasonable suspicion must, at least prima facie, support the ingredients of the criminal offence”.

Also, in the Nigerian case of Jackson v Omorokuna(1981) 1 NCR 283, where the plaintiff was arrested because he was unable to explain to the policeman the whereabouts of his ignition key and could also not produce documents to confirm the ownership of the motorbike. The court held that the arrest was lawful.  The court reasoned that the test here is a reasonable person acting without passion or prejudice.

Hence, if after the arrest, an investigation confirmed that the suspect did not even commit the offence for which he was arrested, and released, the arrest is not rendered unlawful. The most important thing is that at the time of the arrest, the facts disclosed an apparent commission of an offence.

For instance, in the case of Wiltshire v Barret (1965) 2 ALL ER 271, the respondent was arrested without a warrant for driving under the influence of alcohol. In the course of the arrest, he sustained some bodily injuries because he was resisting the arrest. After a medical examination, the test proved he was not under the influence of alcohol. He brought an action against the police for assault and unlawful arrest.  The lower court ruled for the plaintiff but the court of appeal overturned the lower court decision. The Appeal Court reasoned that the arrest was lawful as the police officer have to act at once. On the facts as they appear on the spot and should be justified by the facts as they appear to them at the time and not any expost facto analysis of the situation.

In the Ghanaian case of Miller V. Attorney-General [1975] 2 Glr 31-45, the court making reference to the dictum of Scott L.J in the case of Dumbell v. Roberts [1944] 1 All E.R. 326, C.A. At p. 329, was of the view that the power possessed by police officers to arrest without warrant, whether at common law for suspicion of a felony or under statutes for suspicion of various misdemeanours or offences, provided always they have reasonable grounds for their suspicion, is a valuable protection to the community. They were quick to point out that, this power to arrest without a warrant may easily be abused and become a danger to the community instead of protection. In the words of a learned Judge, “the protection of the public is safeguarded by the requirement, alike of the common law and, so far as I know, of all statutes, that the constable shall before arresting satisfy himself that there exist a reasonable grounds for suspicion of guilt.”

Also a police officer, after arresting a suspect, does not have to take the suspect straight to the police station. He can do what is reasonable to investigate the offence alleged against the suspect.  He can take the suspect to his house to search to get the necessary evidence. Or even to the place where the suspect claimed he was not there when the offence was committed to assess whether indeed he was there before proceeding to the police station.

In Dallison v Caffery (1964) 2 ALL ER 610, the court held that the police officer was not liable for damages for false imprisonment for taking the appellant first to his house to search for stolen money and then to a friend’s house to confirm an alibi before taking him to the police station. It was held that the officer acted reasonably in investigating the alleged offence before taking the suspect to the police station.

One issue which lingers on the minds of many people in both jurisdictions is whether a person can resist an arrest where the police officer has not been able to state any offence known to the law. The Ghanaian court in addressing this issue in Ampofo v The State [1967] GLR 155, held that section 10 of Act 30 enables the police to arrest without warrant any offence committed in his presence or based on reasonable suspicion of the commission of any offence. However, the meaning of any offence does not mean any offence according to the idiosyncrasies and iconoclastic notions of the police officer, but an offence known to the law. It is pertinent to state that the right to resist an arrest is subject to the duty to submit to an arrest.

If in any case, it turns out that a person is unlawfully arrested, Article 14(5) of the Constitution of Ghana provides that the person shall be entitled to compensation from that other person who in this case shall be the police officer.

In conclusion, the police in both jurisdictions, have been empowered to arrest with or without a warrant. However, for arrest without a warrant, the test that has to apply is the objective test. He or she must act without passion or prejudice.

Prof. Raphael Nyarkotey Obu is a BL candidate at the Gambia Law School, Banjul, The Gambia, and, Daniel Sackey is a Part two student of the Ghana School of Law, Accra, Ghana.  E-mail: [email protected]

A Business and A Company: Are they the same?

Hadram Hydara
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A Business and A Company: Are they the same?

By: Juliana Twumwaa Obeng

The Writer

A Business and A Company: Are they the same?

The terms “business” and “company” are often used interchangeably. However, they do have different legal meanings and implications. In this article, we will explore the differences between a business and a company, and how these concepts apply to the context of The Gambia.

A business can be defined as an organization or individual engaged in commercial, industrial, or professional activities. This can include sole proprietorships, partnerships, or corporations. In general, a business is any entity that seeks to earn a profit by providing goods or services to consumers.

On the other hand, a company is a legal entity that is separate and distinct from its owners. It can be created by filing the necessary paperwork with the appropriate government agency, such as the Companies House in The Gambia. A company can issue stock, own property, enter into contracts, and sue or be sued in its own name. A company can also be either for-profit or non-profit.

Legal Framework

In The Gambia, companies are governed by the Companies Act of 2013. This law provides for the formation, management, and dissolution of companies, and outlines the duties and responsibilities of company directors and shareholders. There are several types of companies recognized under Gambian law, including private companies, public companies, and limited liability companies.

A private company is one that is owned by a small group of individuals, and whose shares are not publicly traded. A public company, on the other hand, is one whose shares are publicly traded on a stock exchange. A limited liability company, or LLC, is a hybrid form of company that combines the benefits of a partnership with the limited liability protection of a corporation. It is worth noting that while all companies are businesses, not all businesses are companies. For example, a sole proprietorship is a type of business that is owned and operated by a single individual and is not a separate legal entity from its owner.

One important distinction between a business and a company is that a company has limited liability protection for its owners or shareholders. This means that the personal assets of the owners or shareholders are protected in the event that the company is sued or goes bankrupt. In contrast, sole proprietors and partners in a partnership are personally liable for any debts or legal actions taken against the business.

In The Gambia, limited liability companies is a popular form of business structure for entrepreneurs and investors. This is because they provide the benefits of limited liability protection, while also offering flexibility in management and taxation. A limited liability company can be owned by one or more individuals or entities, and the liability of the owners is limited to the amount of their investment in the company.

Another important consideration for businesses operating in The Gambia is the regulatory environment. The Gambia has a relatively business-friendly regulatory framework, with a relatively low tax rate, streamlined registration procedures, and a favourable investment climate. However, like any country, there are unique legal and regulatory requirements that businesses must comply with, such as obtaining business licenses and registering with the appropriate government agencies.

In terms of industries, The Gambia has a diverse economy that includes agriculture, tourism, manufacturing, and services. The government has identified several priority sectors for development, including energy, infrastructure, and information and communication technology.

Parting Words

While there are legal and regulatory distinctions between a business and a company, both concepts are important for entrepreneurs and investors looking to establish a presence in The Gambia or other jurisdictions around the world. Understanding the unique opportunities and challenges of the Gambian business environment can help businesses navigate the regulatory landscape and build successful enterprises.

The writer is a BL candidate at the Gambia Law School. She is driven by her affinity to the legal profession and relies on Precedents and Acts of the National Assembly to educate the public on bits and pieces of the application of the Laws of the Gambia and the Ethics of the legal profession. These write-ups are for educational purposes only and not to serve as a substitute for Legal Advice. Email: [email protected] 

 REFERENCES:

  1. The Companies Act, 2013. (n.d.).https://www.attorneygeneral.gov.gm/wp-content/uploads/2016/09/The-Companies-Act-2013.pdf
  2. Gaye, A. (2020). Small Business Opportunities in The Gambia: Challenges and Prospects. International Journal of Business and Management, 15(10), 181-190.
  3. The Gambia Chamber of Commerce and Industry. (n.d.). Retrieved from https://www.gambcci.gm/
  4. United Nations Development Programme. (2021). The Gambia: Country Profile. Retrieved from http://hdr.undp.org/en/countries/profiles/GMB
  5. World Bank Group. (2021). The Gambia. https://www.worldbank.org/en/country/gambia
  6. Njie, L. (2021, January 18). Business Regulations in The Gambia: What Investors Should Know. African Exponent. Retrieved from https://www.africanexponent.com/post/8335-business-regulations-in-the-gambia-what-investors-should-know

Letter to the Editor: A national call for legislation on traditional medicine in the Gambia

Hadram Hydara
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Letter to the Editor: A national call for legislation on traditional medicine in the Gambia

                           Letter to the Editor

A National Call for Legislation on Traditional Medicine in the Gambia

                             Prof. Raphael Nyarkotey Obu

I write to bring to your attention the need to call on the government of the Republic of the Gambia to fast-track legislation to regulate the practice of traditional, complementary, and alternative medicine.  The call is necessary as the Gambia is an opportunity hub for the development of natural medicines.

The Gambia is blessed with diverse natural therapies which could support the economy, yet untapped.

Besides, when one walks through the principal street of the Gambia, one would see traditional healers unregulated providing services people patronize. Yet, no law proscribes the practice of traditional medicines. So why then leave them to endanger the public?

As a Professor of Naturopathy and a current Barrister –at- Law candidate at the Gambia Law School, with an interest in African Naturopathy, I recently petitioned the Minister of Health to legislate traditional medicine in the Gambia [1].

Besides, Section 4[2] of the Constitution of the Republic of the Gambia asserts that this constitution is the supreme law of the Gambia any other law found to be inconsistent with any provision of this constitution shall, to the extent of the consistency, be void. Section 5 provides the roadmap for the enforcement of the Constitution.

Section 7 [2] further highlights the laws of the Gambia, and 7(d) embraces the common law and principles of equity. Section 7(e) further emphasizes customary law as part of the laws of the Gambia. The customary law so far is concerned with members of the communities to which it applies.  In this regard, the customs of the people in the communities also include the practice of traditional medicine. Hence, the practice of traditional medicine is a constitutional right.

It is further enhanced in Section 31 [2] of the Constitution of the right of culture promotion. It states that every person shall be entitled to enjoy, practice, profess, maintain, and promote any culture, language, tradition, or religion subject to the terms of this constitution and to the condition that the rights protected by this section do not impinge on the rights and freedoms of others or the national interest, especially unity.

Hence, the practice of traditional medicine is a way of life for the people of Gambia; it is part of their culture. Besides, the constitution emphasized that no punishment is without law.

Section 211 [2] also deals with the principles of State Policy and forms part of the public policy of the Gambia for the establishment of a just, free, and democratic State. Though it is stated that the directives shall not confer legal rights or be enforceable in any court but (a) subject to the limits of the economic capacity and development of the Gambia, the Executive, the Legislature, and all other organs of the State in taking policy directions, making laws and in the administration of the Gambia, shall according to their respective functions be guided and observe them a view to achieving by legislation or otherwise the full realization of these principles; and (b) the courts are entitled to have regard to these principles in interpreting any laws based on them.

It is worrying that the national policy on traditional medicine drafted in 2008 to develop and use traditional medicine to complement conventional medicine in the Gambia through harnessing all available resources, legislation, research, and promotion was left to sit on the shelves.

The Gambia National Policy on Traditional Medicine

A National programme [3] was established in 2001 under the Department of State for Health to see to the affairs of traditional medicine in the country. In 2002, a national technical working group was formed to guide the development of the programme. No national research, tertiary, or professional school exists for the study of herbal medicine or complementary therapies. Improper and over-harvesting of medicinal plants is endangering various plant species.

The national policy programme proposed the establishment of the National Council on Traditional Medicine to provide guidance and mobilize the required financial resources for the development of traditional medicine in The Gambia. No action has been taken on this policy and has become a white elephant.

Can custom be justified in law?

Section 2[4] of the Interpretation section of the Evidence Act 1994 of the Gambia defines customs as a rule which, in a particular area, has from long usage, obtained the force of law.

Section 13 [4] further emphasizes the admissibility of customs as evidence in a Court of competent jurisdiction in the Gambia. It states that a custom may be adopted as part of the law governing a particular set of circumstances if it can be proved to exist by evidence. Hence,

 Party alleging has burden of proof of custom, prove by testimony of persons who regard custom as binding on them, may be judicially noticed, not enforced if contrary to public policy, natural justice, equity, and good conscience.

In this regard can traditional medicine practice be regarded as admissible in evidence? Yes, the practice of traditional medicine is a clear case of res ipsa loguitor (It speaks for itself). This is because even the unlettered woman in the Serrukunda market could prove that traditional medicine is part of the customs of the people of the Gambia.

The Law of Evidence [5] in the Gambia (2022), a Handout used in teaching Barrister Law students in the Gambia, based on Hassan Jallow’s ‘The Law of Evidence’ explained that where the issue is whether a particular custom exists or not, any fact which helps to establish the existence or otherwise of the custom is relevant and admissible. The custom may be an ordinary or business practice or it may be one of customary law. Whatever it is, it has to be proved by the person who is claiming its existence as held in Maurel Freres SA v. Alieu Nying and Others 1 GR 44[6].

Secondly, those who testify as to its existence must be persons who would know of it by virtue of their association with the business practice or with the custom or tradition.

Once a custom has been proved to exist to the satisfaction of the court, the court may take judicial notice of it and therefore dispense with proof of it in subsequent cases. Thus, the burden would now shift to those who assert that the custom has changed for them to prove the change.

In this regard, it will be very difficult for anyone to say that traditional medicine has no place in the customs of the people of the Gambia. The existence of the National Traditional Healers Association of The Gambia (TRAHASS) [7] demonstrates that traditional medicine is recognized by the laws of the Gambia and is therefore part of the customs of the people.

Besides, the Companies Act, 2013, Section 16 [8] prohibits and restricts names that have national interest from registration if it has nothing to do with the government interest. Hence, the registration and acceptance of the name National Traditional Healers Association of The Gambia (TRAHASS) is prima facie evidence that traditional medicine has been accepted as part of the customary laws of the Gambia, and the association enjoys the patronage of the Government of the Gambia or any Department of Government.

Also, Section 59 [4] emphasizes that in deciding questions of custom the opinions of area Seyfolu or other persons having special knowledge of custom in any particular area and any book or manuscript recognized by the people in that area as a legal authority are relevant.

Section 62 (1) [4] asserts that when the court has to form an opinion as to the existence of a general custom or right, the opinions, as to the existence of the custom or right, of persons who would be likely to know of its existence if it existed are relevant.

Section 62(2) [4] further cements what constitutes “general custom or right” and explained that it includes customs or rights common to a considerable class of persons.

Besides, in evidence, there are certain matters of which by law the courts are obliged or bound to take judicial notice to accept them as established without any proof. For instance, section 74 [4]   lays the foundation for such matters including the identity of Heads of Departments at any particular time and many others. They need not be proved by evidence but merely by the production of the relevant document. In this case, there is the existence of the National Department for Traditional Medicine under the Ministry of Health with a history of past Departmental Heads, and this is a prima facie of traditional medicine recognition in the Gambia.

In this regard the court will take judicial notice of all facts which, according to the inevitable course of nature, must have occurred; of customs and practices and rules of customary law once they have been proven as facts.

Additionally, the court also takes judicial notice of science and technology and the general level of human knowledge as it expands. The practice of traditional medicine is well established beyond dispute. Hence, it will be difficult for anyone to say it does not exist as the history of traditional medicine can be traced to the Health Ministry with international donors’ support.   I, therefore, call for national legislation to regulate the practice of traditional and alternative medicine in the Gambia.

 Conflict of Interest

The author has an association with the National Traditional Healers Association of The Gambia (TRAHASS).

About the Author

Prof. Raphael Nyarkotey Obu is a full professor of Naturopathic Healthcare. BL candidate at the Gambia Law School, Banjul, The Gambia.

 

References

  1. Gambia Law School Student Petition Health Minister On Traditional Medicine Legislation(2023) https://www.voicegambia.com/2023/01/26/gambia-law-school-student-petition-health-minister-on-traditional-medicine-legislation/
  2. The Constitution of the Republic of the Gambia, 1997
  3. Traditional Medicine Policy Final Draft(2008). Department of State for Health and Social Welfare document
  4. The Evidence Act 1994
  5. The Law of Evidence in the Gambia(2022), a Handout used in teaching Barrister at Law students in the Gambia, based on Hassan Jallow’s ‘The Law of Evidence.’
  6. Maurel Freres SA v. Alieu Nying and Others 1 GR 44.
  7. The Companies Act, 2013
  8. Traditional Healers In The Gambia Confers With Prof. Nyarkotey(2023). https://www.voicegambia.com/2023/01/16/traditional-healers-in-the-gambia-confers-with-prof-nyarkotey/

 

BAR student at Gambia Law School Pushes for Traditional Medicine Legislation

Hadram Hydara
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BAR student at Gambia Law School Pushes for Traditional Medicine Legislation

                               By News desk

BAR student at Gambia Law School Pushes for Traditional Medicine Legislation

          Professor Raphael Nyarkotey Obu

Despite the tedious nature of the Bar Professional Course at the Law School, Professor Raphael Nyarkotey Obu, a Ghanaian Professor of Naturopathic Healthcare, and current Bar student at the Gambia Law School, Banjul, has proven that he is a scholar, an advocate, and a change maker by publishing an important legal commentary titled “The Need for Traditional, Complementary, and Alternative Medicine Legislation in the Gambia” in the Asian Journal of Language, Literature and Culture Studies. Additional four legal commentaries on traditional and alternative medicines have also been accepted for publication as a Bar student.

He has been working with the traditional healers in the Gambia to help change the negative image in their industry. This is unprecedented in the Bar professional course to see a student supporting a social course in the Gambia. Prof. Nyarkotey, who is also the president, Nyarkotey University College of Holistic Medicine in Ghana, has granted scholarship opportunities to 10 Gambian Traditional healers who are members of the National Traditional Healers Association of The Gambia (TRAHASS). The scholarship package worth 10,000 dollars will help the practitioners to pursue their academic program in Naturopathic Medicine at his established naturopathic medical school in Ghana.  The Professor also plans to provide scholarships to young ones interested in pursuing Higher National Diploma (HND) and bachelor’s degree programs in Naturopathic Medicine in Ghana.

The Nyarkotey University College of Holistic Medicine and Technology is Ghana’s first Naturopathic and Holistic Medicine College, registered under the Commission for Technical and Vocational Education and Training (CTVET), Ghana, and recognized by the Traditional Medicine Practice Council, Ministry of Health, Ghana.  The college is also an educational Member of the World Naturopathic Federation, (WNF), Canada. The College’s Naturopathic programs meet the WNF and World Health Organization (WHO), benchmarked for Naturopathic Medical Education.

The College is currently the only institution in Africa to develop the first-ever National Occupational Standard in Naturopathy and Holistic Medicine at the Higher National Diploma (HND) and bachelor’s level under the Commission for Technical and Vocational Education and Training (CTVET).

Risk of unregulated Profession

Professor Nyarkotey explained that in countries where regulation exists, the risk of traditional practices has been reported in the media space. What would therefore be the case for countries without legislation and regulation?  He quoted studies that justified that babies of women delivered in an “unorthodox health centre” had a significantly higher incidence of birth asphyxia than babies born in a hospital.

He also bemoans that traditional healers’ refusal to refer cases to mainstream facilities to seek standard medical treatment leads to a disaster. Based on several studies attesting to the fact that unregulated professions pose a public health risk, Prof. Nyarkotey emphasized that the government of The Gambia should take interest in regulating traditional and complementary medicine practitioners. This is to prevent harm. Besides, this is grounded on the doctrine of natural medicine; do no harm. Moreover, it is the duty of the Gambia government to protect the well-being of the citizenry regardless of whether the citizenry is subjectively content with the treatment that they are receiving.

He cited that countries such as China and India are benefiting from traditional therapies due to effective regulation.  Ghana has over 55 government Hospitals with herbal medicine departments with trained Medical Phythotherapists. The economy of Ghana and the healthcare space is benefitting from effective regulation of traditional and complementary therapies.

Also, in the present situation in the Gambia, without statutory provisions for practitioners, establishing standards may be difficult. For instance, some commentators held the view that self-regulation is meant for personal interest and not for the public good and that organizations that engaged in self-regulation have a challenge in enforcement.

Hence, when government regulates, it is to further the public good. He explained how government regulations have impacted the standards in mainstream medical practice. We have seen the relevance of regulation in countries with traditional medical practice.  They have national licensing standards, educational requirements and standards in the practice. Licensing of practitioners provides public confidence in any profession.

The Business of Traditional Medicine

Prof. Nyarkotey also held that many opportunities are associated with legislative regulation. For instance, the global market for traditional therapies stood at more than US$ 60 billion in 2000(WHO,2022), and is steadily growing.

The Gambia is a nation of tea lovers specially attaya (green tea), black tea, coffee, and loose tea; a market report by Market Research. Com (2020) found that the tea market was equal to 18.40 million USD (calculated in retail prices) in 2015. Until 2025, the tea market in the Gambia is forecast to reach 48.18 million USD (in retail prices), thus increasing at a compound annual growth rate (CAGR) of 9.01% per annum for the period 2020-2025. This is a decrease, compared to the growth of about 11.46% per year, registered in 2015-2019.

The average consumption per capita in value terms reached 9.61 USD per capita (in retail prices) in 2015. In the next five years, it grew at a CAGR of 8.16% per annum. In the medium term (by 2025), the indicator is forecast to slow down its growth and increase at a CAGR of 5.92% per annum.

In this report, the coffee alone instant market in Gambia was equal to 2.80 million USD (calculated in retail prices) in 2015. Until 2025, the coffee market in the Gambia is forecast to reach 11.51 million USD (in retail prices), thus increasing at a CAGR of 12.80% per annum for the period 2020-2025. This is a decrease, compared to the growth of about 18.39% per year, registered in 2015-2019.

The average consumption per capita in value terms reached 1.48 USD per capita (in retail prices) in 2015. In the next five years, it grew at a CAGR of 14.23% per annum. In the medium term (by 2025), the indicator is forecast to slow down its growth and increase at a CAGR of 9.67% per annum.

Also, Statista (2022) reports that the Gambia tea revenue amounts to US$39.83m in 2023. The market is expected to grow annually by 4.71% (CAGR 2023-2025).  The interesting thing is that in global comparison, most of the tea revenue is generated in China (US$111,800.00m in 2023) according to Statista (2022).

This could either be a negative or positive market outlook for the Gambia, as they contribute to the tea market outlook of China. I believe that legislation and strict regulation of the traditional and complementary medicine industry have a chance to benefit the Gambian economy.

The same report also revealed that by 2025, 16% of spending and 1% of volume consumption in the Tea segment will be attributable to out-of-home consumption (e.g., in bars and restaurants) in the Gambia.

On the international front, Fortune Business Insight (2022) reported that the global herbal medicine market size was valued at USD 151.91 billion in 2021 and the market is projected to grow from USD 165.66 billion in 2022 to USD 347.50 billion by 2029, exhibiting a CAGR of 11.16% during the forecast period.

Also, The Grand View Research (2021) also reports that the global complementary and alternative medicine market size was valued at USD 117,210.3 million in 2022 and is expected to expand at a compound annual growth rate (CAGR) of 25.1% from 2023 to 2030.

The interesting thing is that India’s export of AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homeopathy) and value-added products of medicinal plants during 2015-2016 was $358.60 million.

In Africa for instance, where legislation and regulation exist, Andel et al. (2012) found that an estimated 951 tons of crude herbal medicine were sold at Ghana’s herbal markets in 2010, with a total value of around US$ 7.8 million. Most of these plants sold at the market were mostly used for women’s health, in rituals, as aphrodisiacs, and against sexually transmitted diseases.

Also, in Benin, one study by Quiroz et al. (2014) reported that the domestic medicinal plant market in Benin has economic significance. About 655 metric tons worth 2.7 million USD are sold yearly, and traditional spiritual beliefs are the major driving force behind the trade in herbal medicine. Gabon on the other hand; has just 27 medicinal plant products giving the economy US$ 1.5 million annually.

The traditional medicine industry in South Africa value does not enter into formal trade and therefore is an addition to the Gross Domestic Product (GDP).  The most intriguing thing is that the medicinal plant trade in South Africa is equal to 5.6% of the National Health budget, equal to the whole Mpumalanga Health budget, or equal to the KZN Provincial Hospital budget.

Additionally, in Tanzania, Posthouwer, C (2015) study found that more than 61 000 kilograms of nonpowdered medicines valued at US$344,882 are traded in informal herbal medicine markets. Morocco, on the other hand, annual revenues generated from the export of medicinal plants were US$55.9 million in 2015(Market Insider, 2015), and US$174, 227,384 in Egypt (Abdel-Azim et al. 2015).

It is interesting how North African countries make a huge amount of money from herbal medicinal products as compared to West African Countries. For instance, the (Observatory of Economic Complexity, 2020) reported that the Gambia exported just $559 in Tea, making it the 171st largest exporter of Tea in the world. In the same year, Tea was the 239th most exported product in Gambia. The main destination of Tea exports from the Gambia is Switzerland ($365), China ($108), and Spain ($86).

The fastest-growing export markets for Tea in the Gambia between 2019 and 2020 were Switzerland ($365), Spain ($86), and China ($31).

In terms of import: that same year, Gambia imported $23.9M in Tea, becoming the 60th largest importer of Tea in the world. In the same year, Tea was the 14th most imported product in Gambia. Gambia imports Tea primarily from: China ($21.8M), Sri Lanka ($1.19M), India ($581k), Egypt ($108k), and Senegal ($53.9k). The fastest-growing import markets in Tea for the Gambia between 2019 and 2020 were Sri Lanka ($135k), Singapore ($33.2k), and the Netherlands ($12.8k). The Gambia is unable to export its herbal medicinal teas outside to generate foreign exchange.

 Reviewers Call for Legislation in the Gambia

One reviewer at the University Islam Bandung, Indonesia, in his general comment, held that bearing in mind that the history of standard medicine is actually through empirical work from plants and based on experience and research on the active substance content, that is what Paracelsus (1541-1493 BC) did. Hippocrates (459-370 BC) used more than 200 types of plants in his medicine. We recommend following the WHO Traditional Medicine Strategy. The desire to applicable legal regulations in the law on the practice of traditional medicine, complementary medicine, and alternative medicine is an essential wish for Parliament in the Gambia to implement.  The reviewer further commended Professor Nyarkotey for his positive thinking regarding traditional medicine legislation in the Gambia.  “The author’s manuscript thinking is correct; I hope the idea will be implemented. The law will regulate Good Manufacturing Practices for quality control of materials for traditional medicinal ingredients to conduct research according to evidence-based. I agree with the Author’s way of thinking.”

Another international reviewer of the legal paper states in his comment that the legal paper is a well-written argument/debate from the perspective of law. This needs to be carefully considered as it is related to the general public interest and health. A major debate is needed at the national level to discuss the issue.

The third reviewer at the Manipal Academy of Higher Education, India, believes that Prof. Nyarkotey’s legal commentary justifying legislation on traditional medicine in the Gambia is a Very much relevant and unexplored area.

 Recommendation

Prof. Nyarkotey The Gambia stands a better chance to benefit from national legislation to promote traditional and complementary medicine.

Prof. Nyarkotey recommends the following for the Gambia traditional medicine legislation:

  1. Set up a technical Committee to advance the drafting of   legislation   for   traditional   and Alternative Medicines;
  2. The legislation   should   not   only   focus   on traditional medicine but should cement on complementary and alternative medicine as well;
  3. The reason is that traditional and complementary therapies are siblings and leaving complementary therapies will leave a gap and could create future challenges.

iii.      Legislation should protect titles for practitioners to aid prosecution of those who arrogate to themselves titles they do not have in the profession;

  1. The legislation should prove a clear definition of traditional, complementary, and alternative medicines and   practitioners’   qualifications; and
  2. The legislation should also provide a clear roadmap for integrative practices, especially for Medical Persons who would want to do crospathy practice.

GBoS press release on rescheduling of 2023 population, housing census

Hadram Hydara
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GBoS press release on rescheduling of 2023 population, housing census

The Public is hereby informed that the 2023 Population and Housing Census earlier scheduled for April 2023 has been rescheduled to November 2023. The rescheduling is as a result of the state of preparedness which is affected by the emergence of the novel corona virus (COVID-19).  For the smooth conduct of any census, the pre-enumeration activities should start at least two years prior to the census. This was not possible due to diverted focus by government and development partners to mitigate the impact of COVID-19. This resulted in the low level of disbursement of funds to support the pre-enumeration activities which affected the timely implementation of these activities.  Also, the conduct of a population and housing census needs to be preceded by a capacity needs assessment to determine the ICT, Geographic Information System (GIS) material, and the human resource needs of the different stages of the preparatory process and to serve as input for the development of the census project document. However, the restrictions on the movement of people and goods affected the movement of technical experts to conduct this assessment and the timely implementation of regional workshops that were expected to boost the capacity of census personnel.

Another factor that affected the timely start of the census activities is the procurement of the GIS software and training on the use of the applications.  This was essential as this is the first time The Gambia is conducting a digital census which requires the conduct of digital cartography. Digital cartography requires getting recent high-resolution satellite imagery or downloading offline satellite imagery and loading it into the tablets for field operations. This process requires time and stable internet connectivity. The data sent to central office requires some editing and processing and this is one of the most daunting and tedious processes required to prepare an interactive digital enumeration area (EA) map to be integrated in the census CAPI application.

Also, another related activity that may affect the successful implementation of the census in April 2023 is the local government elections which is scheduled on the same day of the census reference date (15th April 2023). The campaign activities may jeopardize the publicity of the census, and this may have adverse effect on the census activities.

The delay in starting the census activities has a domino effect on the overall census roadmap and its implementation. There are lots of technicalities and technical expertise needed to conduct a digital census and since this is the first time The Gambia is using this system, sequencing of the implementation of the planned census activities is very crucial to its success.  The mapping exercise is ongoing and is expected to be completed in May 2023 and its data processing will continue for another three months.

Furthermore, it’s important to note that rushing or skipping any census activity will compromise quality of the output. Before the actual census enumeration, the Bureau is supposed to do a mini census called the pilot or trial census. The pilot census is the most important pre-census activity, and its main purpose is to test the overall readiness for the technical and logistical implementation of the census. This activity is planned to take place in May/June 2023 and will be followed by subsequent activities such as the deployment of census staff at the designated regional census offices, recruitment of census personnel, training and deployment of these personnel for the enumeration exercise.

Signed:

Nyakassi M.B. Sanyang

Statistician-General

Gambia Bureau of Statistics

Important announcement: Independence of TFN Heroes Awards Committee

Hadram Hydara
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Important announcement: Independence of TFN Heroes Awards Committee

The committee of The Fatu Network Heroes Award wishes to inform the general public that The Fatu Network and its CEO, Fatu Camara, have no influence in the decision-making process of who gets nominated and who wins what in the Heroes Awards.

The Heroes Awards committee is a purely independent body responsible for the selection of the nominees and winners.

The committee is committed to maintaining the highest level of transparency and fairness in the selection process, and we assure the Gambian people that we take this responsibility seriously.

We believe in the importance of recognizing those who have made a positive impact in our community, and we will continue to work towards that goal.

It is important to note that Fatu Camara and The Fatu Network only get to know who the winners are on the night of the awards, just like everyone else.

We thank everyone who submitted nominations and supported the Heroes Awards. The winners will be announced on the night of the awards, and we are excited to celebrate their achievements with the community.

Thank you for your trust in TFN Heroes Awards committee.

Meet the distinguished ladies and gentlemen on the Heroes Awards Committee

Hadram Hydara
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Meet the distinguished ladies and gentlemen on the Heroes Awards Committee

The Fatu Network 2023 Heroes Award will take place on May 13.

A five-member-award committee has been constituted with distinguished men and women tasked with executing free, fair judgement in recognising exemplary Gambians. It must be noted, however, that this committee and The Fatu Network are totally independent of each other, and The Fatu Network cannot make any decision as to who should be chosen for the award.

Here are the names and profiles of all the members of the committee:

Muhammed L Saidykhan

Muhammed L Saidykhan is a seasoned and self-motivated Communications and Development Officer with over 8 years of professional experience. He has worked with renowned organizations at both regional and national levels as a Programs and Project officer and served as the PRO for the Regional Youth Committee of Central River Region for 4 years.

For the last 5 years, Saidykhan has been advocating for equal opportunities, empowering, and engaging rural young people in rural Gambia. He has contributed to several projects for organizations such as the National Youth Council, Youth Empowerment Project, and United Purpose, all aimed at serving young people.

Currently, Saidykhan holds several positions including Media Assistant for the Gambia National Olympic Committee, Press Officer for the Gambia Volleyball Federation, and member of the Press Working Group for the Confederation of African Volleyball.

Ousman Sonko

Ousman Sonko is a highly experienced and passionate development practitioner with over 22 years of experience in adult training, mentoring, and coaching. His passion lies in gender, community, and rural development, entrepreneurship, and livelihood skills development.

Currently, he serves as the Principal Trainer at the Rural Development Institute and is the founder of Managers’ Prescription Consultancy Services – a specialized firm in grassroots capacity development, governance, entrepreneurship, agricultural value-chain development, business advisory services, project management training and evaluation, gender training, financial management, mentorship, coaching, and supervision.

From May 2014 to February 2023, he served as the Vice-Principal and Senior Lecturer at the Rural Development Institute, Department of Community Development, Mansakonko Lower River Region. Prior to that, he was the Assistant Community Development Officer at Kanifing Municipality from January 2012 to April 2014. He has also worked as a Community Development Assistant at the Department of Community Development from 2006 to 2014 and as a Credit and Savings Assistant at Gambia Women Finance Association (GAWFA) from 2002 to 2005.

Ousman has a strong background in project proposal writing, project management, agricultural value-chain development, business planning, and investment development skills. He is skilled in partnership and networking, human development especially women and youth, social science research, financial management, governance, organizational development, curriculum research and development, and content preparation and delivery. His passion lies in youth and women empowerment through livelihood skills development and entrepreneurship.

Mariyann Garmi Jabang Secka

Matiyann Garmi Jabang Secka is a highly accomplished and dedicated professional with a strong track record in promoting gender equality and women empowerment. She currently serves as the Director of Gender Equality and Women Empowerment at the Ministry of Gender, Children, and Social Welfare of The Gambia.

Mariyann’s academic background is equally impressive, holding a Master’s Degree in Gender and Development from the University of Sussex, United Kingdom and a B.A. Honours Double Majors in Women & Gender Studies and Political Science from the University of Toronto, Canada. Her academic achievements have been recognized internationally, as she is a recipient of President Obama’s Mandela Washington Fellowship for Young African Leaders (2017) and the Chevening UK Government Scholarship (2018), as well as a Canadian Ontario Scholar recipient in 2008.

With her extensive knowledge and expertise in women and gender studies, political science, and development, Mariyann has become a prominent figure in the promotion of gender equality and women empowerment, both nationally and internationally. Her dedication and commitment to her work have made her an inspiration to many in The Gambia and beyond.

MamaLinguere Sarr

MamaLinguere Sarr is a dynamic and experienced Human Resources (HR) specialist with a strong passion for advocating against Gender-based violence and promoting the rights of women and children. With over 20 years of experience in HR and Communications, MamaLinguere is a renowned social activist and leading figure in The Gambia.

Currently residing in Gothenburg, Sweden, MamaLinguere works as a People Business Partner Coordinator for a Global MedTech company. Her professional career in The Gambia includes key roles at The Social Development Fund, and Medical Research Council (MRC, The Gambia) where she was promoted to Deputy HR Manager and funded to pursue her Master’s in Strategic Human Resources Management at the Nottingham Trent University in the UK. MamaLinguere has also worked with Social Security Housing Finance Corporation (SSHFC) and has consulted with various institutions in The Gambia and abroad, where she provided training and recruitment solutions, and developed HR policies.

In her spare time, MamaLinguere enjoys quality moments with her children and unwinds by taking long walks on the beach. Her exceptional leadership skills and professional expertise make her a highly respected HR specialist and social activist both locally and internationally.

Fatou Amirah Mambouray

Fatou Amirah Mambouray was raised between the Washington, D.C. area and The Gambia which played a major role in shaping her vision and mission for the part she wishes to play in contributing to development.

Solution-oriented and eager to expand her insight as well as experience, she pursued her degree in International Relations and Development in London… further specializing in Sustainable Development. Now, after considerable and diverse work experiences with the likes of the International Committee of the Red Cross as well as The Fatu Network, Fatou Amirah is a budding entrepreneur in the industries of Beauty and Environment and is also a Civil Servant working for the Government of the Gambia.

Her core mandate is governed by her determination to contribute to Africa’s ‘Brain Gain’ in whichever capacity she possesses skills.

Mamadi Kurang: ‘Credibility starts with honesty and transparency with people’s money’ 

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Mamadi Kurang: ‘Credibility starts with honesty and transparency with people’s money’ 

OPINION:

Mamadi Kurang, a prominent Gambian political figure, recently endorsed Hon Bakary Y Badjie for KMC Mayor in the upcoming local government elections. However, this endorsement was met with criticism from some quarters, prompting Kurang to respond to his critics.

Kurang emphasized the importance of honesty and transparency in politics, stating that “credibility starts with honesty and transparency with people’s money. What is integrity if you don’t do what you promised?” He then directed his attention towards a critic, Juldeh Jallow, and asked whether they knew how the KMC revenue of the past four years was spent.

“By the way, KMC collected over one billion in 4 years. Do you know what it was spent on? Since you seem to know so much, you might be helpful,” Kurang stated, raising important questions about the transparency and accountability of the current KMC administration.

Kurang’s comments come at a time when there is growing concern among Gambians about the lack of transparency and accountability in public office. The KMC administration has been criticized for its handling of public funds, with many citizens demanding more openness and honesty from their elected officials.

Hon Bakary Y Badjie, who has been endorsed by Kurang, has made transparency and accountability a key part of his campaign. His pledge to be open and honest about how public funds are being used has struck a chord with many voters, who are increasingly demanding more from their leaders.

As the local government elections draw nearer, it remains to be seen how much of an impact Kurang’s endorsement and his questions about transparency will have on the outcome. However, his comments have certainly raised important issues that need to be addressed by all those seeking public office. Gambians deserve leaders who are transparent and accountable, and who are committed to using public funds for the benefit of all citizens.

Gambia Bureau of Statistics (GBoS) Press Release on the Rescheduling of the 2023 Population and Housing Census

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Gambia Bureau of Statistics (GBoS) Press Release on the Rescheduling of the 2023 Population and Housing Census

The Public is hereby informed that the 2023 Population and Housing Census earlier scheduled for April 2023 has been rescheduled to November 2023. The rescheduling is as a result of the state of preparedness which is affected by the emergence of the novel corona virus (COVID-19).  For the smooth conduct of any census, the pre-enumeration activities should start at least two years prior to the census. This was not possible due to diverted focus by government and development partners to mitigate the impact of COVID-19. This resulted in the low level of disbursement of funds to support the pre-enumeration activities which affected the timely implementation of these activities.  Also, the conduct of a population and housing census needs to be preceded by a capacity needs assessment to determine the ICT, Geographic Information System (GIS) material, and the human resource needs of  the different stages of the preparatory process and to serve as input for the development of the census project document. However, the restrictions on the movement of people and goods affected the movement of technical experts to conduct this assessment and the timely implementation of regional workshops that were expected to boost the capacity of census personnel.

Another factor that affected the timely start of the census activities is the procurement of the GIS software and training on the use of the applications.  This was essential as this is the first time The Gambia is conducting a digital census which requires the conduct of digital cartography. Digital cartography requires getting recent high-resolution satellite imagery or downloading offline satellite imagery and loading it into the tablets for field operations. This process requires time and stable internet connectivity. The data sent to central office requires some editing and processing and this is one of the most daunting and tedious processes required to prepare an interactive digital enumeration area (EA) map to be integrated in the census CAPI application.

Also, another related activity that may affect the successful implementation of the census in April 2023 is the local government elections which is scheduled on the same day of the census reference date (15th April 2023). The campaign activities may jeopardize the publicity of the census, and this may have adverse effect on the census activities.

The delay in starting the census activities has a domino effect on the overall census roadmap and its implementation. There are lots of technicalities and technical expertise needed to conduct a digital census and since this is the first time The Gambia is using this system, sequencing of the implementation of the planned census activities is very crucial to its success.  The mapping exercise is ongoing and is expected to be completed in May 2023 and its data processing will continue for another three months.

Furthermore, it’s important to note that rushing or skipping any census activity will compromise quality of the output. Before the actual census enumeration, the Bureau is supposed to do a mini census called the pilot or trial census. The pilot census is the most important pre-census activity, and its main purpose is to test the overall readiness for the technical and logistical implementation of the census. This activity is planned to take place in May/June 2023 and will be followed by subsequent activities such as the deployment of census staff at the designated regional census offices, recruitment of census personnel, training and deployment of these personnel for the enumeration exercise.

Signed:

Nyakassi M.B. Sanyang

Statistician-General

Gambia Bureau of Statistics

Ramadan supports brain function, improves longevity

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Ramadan supports brain function, improves longevity

By Prof. Raphael Nyarkotey Obu

Ramadan supports brain function, improves longevity

Ramadan in the Gambia

A study carried out by scientists in the USA found that the mental focus achieved during Ramadan increases the level of brain-derived neurotrophic factor, which causes the body to produce more brain cells, thus improving brain function. Though the purpose of fasting should purely be faith, obedience, and seeking the mercy of Allah, the huge array of scientific and health benefits that this month brings along should again aid in strengthening the faith of a believer. A large number of studies conducted over the years by Muslim and non-Muslim researchers alike talk about the scientific benefits of Ramadan fasting (Hourani et al. 2009; Rouhani and Azadbakht, 2014; Rahman. S, 2022).  Hence, in this article, I examine the science behind Muslims’ fasting period: refrain from eating, drinking, and having sex during the entire daytime for one month, every year.

 Fasting, Motivation

Fasting has been applied for diverse reasons. But in the case of Ramadan, the purpose of fasting should purely be faith, obedience, and seeking the mercy of Allah. But there are other reasons people also opt for fasting:  For instance, Wikipedia (2022) notes that fasting was historically studied in a population under famine and hunger strikes, which led to the alternative name of ‘starvation diet’, as a diet with 0 calorie intake per day. For political reasons, it is understood that fasting is often used as a tool to make a political statement, to protest, or to bring awareness to a cause.

A hunger strike is a method of non-violent resistance in which participants fast as an act of political protest, to provoke feelings of guilt, or to achieve a goal such as a policy change. A spiritual fast incorporates personal spiritual beliefs with the desire to express personal principles, sometimes in the context of social injustice (Garcia, 2007).

A retrospective study by Harinarayanan, (1986) opined that the political leader Gandhi undertook several long fasts as political and social protests. Gandhi’s fasts had a significant impact on the British Raj and the Indian population generally.

BBC News (2019) also explained that in Northern Ireland in 1981, a prisoner, Bobby Sands, was part of the 1981 Irish hunger strike, protesting for better rights in prison. Sands had just been elected to the British Parliament and died after 66 days of not eating. His funeral was attended by 100,000 people and the strike ended only after nine other men died. In all, ten men survived without food for 46 to 73 days.

Shaw, (2008) also asserts that César Chávez undertook several spiritual fasts, including a 25-day fast in 1968, promoting the principle of non-violence, and a fast of ‘thanksgiving and hope’ to prepare for pre-arranged civil disobedience by farm workers.

A similar study by Espinosa and Garcia (2008) also confirmed that Chávez regarded a spiritual fast as “a personal spiritual transformation”.  However, Shaw (2008) is of the view that other progressive campaigns have adopted the tactic.

For medical application, Norman(2003) holds the view that fasting is always practised before surgery or other procedures that require general anaesthesia because of the risk of pulmonary aspiration of gastric contents after induction of anaesthesia (i.e., vomiting and inhaling the vomit, causing life-threatening aspiration pneumonia).  Additionally, certain medical tests, such as cholesterol testing (lipid panel) or certain blood glucose measurements require fasting for several hours so that a baseline can be established. In the case of a lipid panel, failure to fast for a full 12 hours (including vitamins) will guarantee an elevated triglyceride measurement( http://www.reducetriglycerides.com/lower_triglycerides_print.htm, 2010).

Despite its recent surge in popularity, fasting is a practice that dates back centuries and plays a central role in many cultures and religions.

 Fasting, the Science

Regulates blood sugar

From empirical literature, studies have found that fasting may improve blood sugar control, which could be especially useful for those at risk of diabetes (Link, 2018).

For instance, one small study involving 10 people by Arnason et al. (2017) with type 2 diabetes demonstrated that short-term intermittent fasting significantly decreased blood sugar levels. Another article by Gunnars (2020) asserts that both intermittent fasting and alternate-day fasting were as effective as limiting calorie intake at reducing insulin resistance (Adda and Kubala, 2020).

A previous review by Gunnars (2019) is further of the view that decreasing insulin resistance can increase your body’s sensitivity to insulin, allowing it to transport glucose from your bloodstream to your cells more efficiently.

Coupled with the potential blood sugar-lowering effects of fasting, this could help keep your blood sugar steady, preventing spikes and crashes in your blood sugar levels. A retrospective study by Heilbronn et al. (2005) found that the impact of fasting on blood sugar may differ between men and women.  The study demonstrated that practising alternate-day fasting impaired blood sugar control in women but had no effect in men.

Fasting fights Inflammation

On the other hand, acute inflammation is a normal immune process used to help fight off infections while chronic inflammation can have serious consequences for your health. Hunter’s (2012) study demonstrates that inflammation may be involved in the development of chronic conditions, such as heart disease, cancer, and rheumatoid arthritis.  Given this, one review by Spritzler (2018) found that fasting can help decrease levels of inflammation and help promote better health.

Faris et al. (2012) study which involved 50 healthy adults found that intermittent fasting for one month significantly decreased levels of inflammatory markers. A similar small retrospective study by Aksungar et al. (2007) discovered the same effect when people fasted for 12 hours a day for one month.

The interesting thing is that one prospective animal study by Choi et al. (2016) demonstrates that following a very low-calorie diet to mimic the effects of fasting reduced levels of inflammation and was beneficial in the treatment of multiple sclerosis – a chronic inflammatory condition.

Fasting supports Cardiovascular Health

Interestingly, studies have found that incorporating fasting into daily activities could improve our heart health. One review by Kerri-Ann (2018) found that eight weeks of alternate-day fasting reduced levels of ‘bad’ LDL cholesterol and blood triglycerides by 25% and 32% respectively (Link, 2021).

Another retrospective study by Beleslin et al. (2007) in 110 obese adults found that fasting for three weeks under medical supervision significantly decreased blood pressure, as well as levels of blood triglycerides, total cholesterol, and ‘bad’ LDL cholesterol.

Another prospective study by Horne et al. (2008) involving 4,629 people linked fasting with a lower risk of coronary artery disease, as well as a significantly lower risk of diabetes, which is a major risk factor for heart disease.

Fasting supports brain function and averts Neurodegenerative Disorders

Though studies are limited to animal research, several studies have found that fasting could have a powerful effect on brain health. For instance, Li et al.,(2013) study found that practising intermittent fasting for 11 months improved both brain function and brain structure. Other animal studies have reported that fasting could protect brain health and increase the generation of nerve cells to help enhance cognitive function (Lee et al, 2000; Tajes et al, 2010). Link (2018) explained that because fasting may also help relieve inflammation, it could also aid in preventing neurodegenerative disorders.

Two animal studies, (Dua and Mattson 1999; Halagappa et al.,2007) found that fasting may protect against and improve outcomes for conditions such as Alzheimer’s disease and Parkinson’s. Nevertheless, more studies are needed to evaluate the effects of fasting on brain function in humans (Link, 2018).

Fasting supports weight loss and boosts metabolism

Gunnar’s (2020) review asserts that many dieters pick up fasting looking for a quick and easy way to lose weight. Link (2018) hold the view that abstaining from all or certain foods and beverages should decrease your overall calorie intake, which could lead to increased weight loss over time. A previous study by Zauner et al, (2000) also found that short-term fasting may boost metabolism by increasing levels of the neurotransmitter norepinephrine, which could enhance weight loss.  One review by Tinsley and Bounty (2015) demonstrated that whole-day fasting could reduce body weight by up to 9% and significantly decrease body fat over 12–24 weeks.

Another review by Varady (2011) also found that intermittent fasting over 3–12 weeks was as effective in inducing weight loss as continuous calorie restriction and decreased body weight and fat mass by up to 8% and 16% respectively. The same author further found that fasting is more effective than calorie restriction at increasing fat loss while simultaneously preserving muscle tissue.

Fasting increases growth hormone secretion

Human growth hormone (HGH) is a type of protein hormone that is central to many aspects of your health. A review by Mawer (2019) found that fasting could naturally increase HGH levels. One study by Salgin et al. (2012) in 11 healthy adults demonstrated that fasting for 24 hours significantly increased levels of HGH.  Another retrospective small study by Hartman et al. (1992) in nine men found that fasting for just two days led to a 5-fold increase in the HGH production rate.  A similar study by Lanzi et al. (1992) also found that fasting may help maintain steady blood sugar and insulin levels throughout the day, which may further optimize levels of HGH, as some research has found that sustaining increased levels of insulin may reduce HGH levels.

Fasting averts ageing and promotes longevity

One retrospective study by Goodrick et al. (1982) in rats that fasted every other day experienced a delayed rate of ageing and lived 83% longer than rats that didn’t fast.  Three animal studies by (Goodrick et al.1983; Honjoh et al,2009; Sogawa et al.2000) experienced similar findings, reporting that fasting could be effective in increasing longevity and survival rates.

However, current research is still limited to animal studies. Further studies are needed to understand how fasting may impact longevity and ageing in humans.

Fasting fights cancer and increases the effectiveness of chemotherapy

Animal and test-tube studies indicate that fasting may benefit the treatment and prevention of cancer. Rocha et al. (2002) involving a single rat study found that alternate-day fasting helped block tumour formation.  Another test-tube study by Lee et al (2012) found that exposing cancer cells to several cycles of fasting was as effective as chemotherapy in delaying tumour growth and increased the effectiveness of chemotherapy drugs on cancer formation. Unfortunately, most research is limited to the effects of fasting on cancer formation in animals and cells (Link, 2018).

A side effect of Fasting

Farooq et al. (2021) found that fasting during Ramadan impacts the daily physical activity behaviour among Muslims. Interventions should focus on creating awareness of the importance of maintenance of adequate physical activity for adults fasting during Ramadan.

In a previous study by Ali and Abizari(2018) among schooling Ghanaian adolescents who fast during Ramadan, fasting was characterized by marked changes in usual food patterns, increased dietary diversity, and significant body weight loss.

Another study by Meo and Hassan, (2015) also found that Ramadan fasting is safe for all healthy individuals, but those with various illnesses such as diabetes mellitus, coronary artery disease, and renal and eye illness should consult their physicians and firmly follow the scientific recommendations.

 In two studies, Marshall (2012; Moore and Jason, 2016) hold the view that in rare occurrences, fasting can lead to the potentially fatal refeeding syndrome upon reinstatement of food intake due to electrolyte imbalance.

Wikipedia (2022) defines refeeding syndrome as a metabolic disturbance that occurs as a result of the reinstitution of nutrition in people and animals who are starved, severely malnourished, or metabolically stressed because of severe illness. When too much food or liquid nutrition supplement is eaten during the initial four to seven days following a malnutrition event, the production of glycogen, fat, and protein in cells may cause low serum (blood) concentrations of potassium, magnesium, and phosphate.

Take Home

Studies have demonstrated the many impacts of fasting from different perspectives; health and spiritual. Cheers!

NB:

Prof. Nyarkotey has strict sourcing guidelines and relies on peer-reviewed studies, academic research institutions, and medical associations to justify his write-ups.  My articles are for educational purposes and do not serve as Medical advice for Treatment. I aim to educate the public about evidence-based scientific Naturopathic Therapies.

The writer is a Professor of Naturopathic Healthcare, a Medical Journalist, and a science writer. President, Nyarkotey College of Holistic Medicine & Technology (NUCHMT), African Naturopathic Foundation, Ashaiman, Ghana. E. mail: [email protected].  Currently, BL candidate at the Gambia Law School, Banjul, The Gambia.

University of The Gambia Medical Students Association: Health myths/benefits of the ‘mborr mborr’ tea

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011 R. Jobe

April 2023

THE MBORR MBORR TEA

It’s always refreshing after long hours of fasting, easily accessible and cheap, some date it back to ancient times, linked to traditions and culture but do we know its benefits? Are we just drinking it for its aroma and great taste?

As you read this, be sipping your mborr mborr along.

The “mborr mborr“ as it is called it in Wolof, ”jambakatango” in Mandinka bears no specific scientific name, it is commonly referred to as the Gambian tea, but it comes in many forms, and comes from the family Lippia Chevalieri Moldenke.

Taken with milk or taken plain, with or without sugar based on preference, the mborr mborr is very common in the Senegambian subregion. WHAT DOES MBORR MBORR CONTAIN?

  1. Mborr mborr is rich in antioxidants and anti-inflammatory compounds, it could reduce inflammation and oxidative stress in the body and could protect your cells from damage. Hence, this may help athletes, as exercise causes stress and muscle damage in the body. Thus, taking mborr mborr tea could help rescue and fight against exercise-induced muscle damage in athletes. It also aids in joint pains due to this property.
  2. Taking mborrr mborr tea may deal with sleep issues. Research also confirmed that mborr mborr was used in the olden days to manage insomnia and induce sedation. It could have anti-anxiety and calming effects. These properties could also benefit those with insomnia (lack of sleep).
  3.  The combination of mborr mborr when combined with hibiscus (wonjo) helps to decrease fat build-up in the body, hence it is a recommended therapy for weight loss.
  4. Mborr mborr has a great impact in fighting bacteria and bacterial infections. Its extracts are usually in the manufacturing of topical antibiotic ointments.
  5. In Ghana, one old study found that this plant is used in the management for the treatment of arterial hypertension. It tended to maintain low blood pressure levels as well as assured adequate sleep and rest.
  6. It is traditionally used as an antimalarial, and for the treatment of respiratory diseases.

ARE THERE ANY SIDE EFFECTS?

Though it is naturally safe to use mborr mborr, a recent study by (Dosoky and Setzer, 2021) found that its essential oils could increase the risk of birth defects. For this reason, pregnant women should not inhale aromatherapy( via inhalation of its vapour).

The European Medicine Agency (2020) also reports that pregnant and breastfeeding women should avoid mborr mborr tea or extract, tincture, or syrups.

Note: Both animals and humans have demonstrated numerous benefits of mborr mborr in many forms. Key areas of interest are improving sleep; weight management in combination with hibiscus and helping athletes. You can add other ingredients as well.

REFERENCE: https://www.researchgate.net/publication/286157503_Lippia_chevalieri_Moldenke_a_brief_review_of_traditional_uses_phytochemistry_and_pharmacology

Article on Mborr Mborr by Professor Raphael Nyarkotey Obu

10 historical facts you may not know about the Independence Stadium

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10 historical facts you may not know about the Independence Stadium

By: Muhammed Lamin Drammeh

With the stadium now under serious renovation after being deemed nonstandard to host international games which has sent the Gambia National football teams on many occasions to play their home games in a foreign land, The Fatu Network brings you some historical facts you may not know or will like to know about the country’s only independence stadium.

Here are some significant historical facts about the Independence Stadium:

1. The foundation stone of the Independence Stadium in Bakau was laid on the Gambia’s Independence Anniversary on the 18th day of February in 1980 by former President Alhagie Sir Dawda Kairaba Jawara following the parade at the McCarthy Square in Banjul. And three years later, in August 1983, the stadium was completed, and the first test match played there between the Gambia U23 and Aseib Diourbel of Senegal.

2. However, the stadium was officially opened in December 1984 with a four-nation tournament. The Gambia won the tournament, beating Sierra Leone by a lone goal to nil scored by Bai Malleh Wadda.

3. Another significant historical fact about the Independence Stadium is that Thereat was the lead engineer. He promised a 25-thousand-seater plus a hostel to be completed in 1983.

4. The cost of the stadium in 1980 was 32 million Dalasi.

5. Designed to accommodate 25,000 at the time, it could hold up to 30,0000 spectators.

6. The first-ever game at the Independence Stadium was a cup final between Hawks and Starlight in the Saihou Ceesay Cup final.

7. The first-ever goal scored at the new stadium was by Muhammed Williams known as Kujabi.

8. The first-ever musical show performed at the stadium was by Abdel Kabirr known as Lie Ngum.

9. Another important historical fact about the stadium is that it was negotiated for by the sports minister at the time, Alhagie Momodou Cadi Cham.

10. It has hosted many ceremonies, including the historic visit of Pope John Paul in February 1992.

These are important historical records about the country’s only stadium brought to you by The Fatu Network with support from Tijan Masanneh Ceesay, a Gambian football historian and veteran commentator.

GAP Releases Proposed Copyright Foreign Relations Policy With USA

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GAP Releases Proposed Copyright Foreign Relations Policy With USA

The opposition Gambia Action Party (GAP) led by Musa Ousainou Yali Bachilly has released their party proposed copyright foreign relations policy with the government of the United States of America.

The proposed policy outlined several measures and development initiatives GAP wishes to implement if elected to lead the affairs of the country.

Below is the full copyright document.
Introduction

The Gambia Action Party has a bilateral policy document with other nations of the world to ensure that the values and ethics of foreign relations are based on realities benefitting all parties in promoting Gambian cultural exhibitions and other development gains of the country.

The Gambia Action Party swiftly expressed desirable views in allying with the United States of America to promote, protect and defend as well as empower Gambians and improve social amenities in the country.

Thus, the Gambian community in the USA will also benefit from the derivatives of the Banjul-Washington DC Relationship (BWR)

The Gambia under GAP’s leadership will equally prioritize the interests of the United States of America and its citizens in The Gambia. However, irrational decisions made by this government will be revisited for the mutual benefit of both parties.

Reason(s) aligning with USA

The reason that triggered this relationship will provide socio-economic development gains for the Gambia through aid and investments that create employment, strengthen our defense and other security paraphernalia, improve the educational and health system, revitalize our economy, and serve as a catalyst for poverty reduction.

In addition, by allying with the United States of America, Gambia will have access to real democratic principles and values, human rights promotions, and good governance based on majority decisions whilst accommodating minority groups.

GAP will effectively manage to limit the abusive and retarded nature of the People’s Republic of China and its activities in our water bodies and end the corrupt deals they signed with this government.

Thus, our naturally endowed resources will be put to good use for the common good of the Gambian citizenry through effective mechanisms.

Political & Economic Benefits

Allying with the United States can have significant benefits for The Gambia, including economic, military, and political support.

The United States is one of the world’s largest economies, and partnering with them could provide valuable trade and investment opportunities.

Furthermore, the US has a powerful military that can train our men and women in Khaki and provide support in times of conflict or civil unrest – establishment of the US Military base Gambia for Inter-Military Support.

Political support can be crucial for Gambia’s international standing and can help in negotiating favorable trade agreements with other countries.

The GAP government will negotiate for a Gambian Market in the US to exhibit our products and generate revenue for the country through taxation.

Moreover, strong and reliable partnerships will be carved between Gambian investors and US counterparts for possible business growth in The Gambia and for establishing factories that employ the youths and revenue for the coffers.

Educational Benefits Driven Development Agenda(EBDDA)

Ministry of Education on both levels will work to improve the curriculum and introduce an educational system of the USA in The Gambia that benefits and strengthen the current educational frontiers in the country.

GAP government will partner with the US government to provide scholarship packages to the Gambian students from the University of Gambia, American University in Gambia, and Gambia College as well as the Senior Secondary category with an effective partnership with colleges and universities in the USA to promote inter-school alliances and establish study tours for Gambian students in the USA.

Social & Eco-tourism Benefits

The space allocated for US Embassy at Monkey Park will be relocated to Bakau K Point Beach for the benefit of preserving the national heritage and equally maintaining tourist attractions in the area as well as improving climate change effects in the country.

The new site will boost tourist involvement through the river safari from the USA to Banjul through the Atlantic Ocean and the extension of boat trips at the River Gambia for both locals and tourists with effective control mechanisms.

First-class hotels will be built in the area to beautify the beaches and bring significant benefits to the economy through increased tourism and investments. Saro and the outskirt of Old and Banjul will be used for nightlife for the tourist with robust security measures.

Health and Medical Support Initiative

Our porous health services and facilities over the years wreaked havoc on the innocent souls of our country due to the unhealthy conditions of our hospitals and the madling attitude of the health ministry. Many souls are gone because of our dilapidated medical conditions.

And allying with the United States could see us register significant benefits in improving health care services in The Gambia. Building new hospitals and furnishing them with drugs and major types of equipment as well as providing career support and training to our doctors and nurses.

Conclusions

An excerpt from The Gambia Action Party’s foreign relations policy document with the US aiming for the interest of both countries in various areas. The majority will continually wonder about the reasons for the relocation of the US Embassy, hosting a US Military Base, or even establishment of US markets in The Gambia.

Well, we wish to clarify that to the maximum extent possible for upholding the interests of The Gambia, allying with the US will only boost our development process as a nation that aims to compete in the global economic zone and stop the Chinese from economic enslaving The Gambia and other countries through the corrupt practices of the government.

The Secretary-General and Party Leader of Gambia Action Party
MUSA OUSAINOU YALI BATCHILLY

Copyright © All rights reserved. GAP Policy Document.

Chenzhou: Cable car to Mangshan Mountain, rectangular-headed snake and red rock forgotten by God

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Chenzhou: Cable car to Mangshan Mountain, rectangular-headed snake and red rock forgotten by God

image 153

By Talibeh Hydara

My trip to Hunan has ended and I am heartbroken. It was déjà vu for me. The feeling I had getting on that plane in Chenzhou on Monday back to Beijing was exactly the same feeling I had when I got on the Brussels flight from The Gambia to China in late February. I felt empty. I was only in Hunan for six days, but it felt like years. I felt at home. It was a special trip for me because I didn’t only get to enjoy wonderful experiences for the first time in my life but also appreciate the spirit of community in the Hunan Province, something dear to my heart, given my community upbringing.

I visited Yueyang and Changsha, spending two days in each city. I was speechless by the hospitality and the cuisine. I climbed the Great Wall in Beijing. I walked in the Garden of Love in Yueyang. I took a night boat trip in the lake up to the Orange Island in Changsha, watching the city lit up and Zedong’s sculpture illuminated from afar. But none is even close to how I felt in a cable car. Ladies and gentlemen, welcome to Chenzhou, a city of height, forest and wonders.

1 2 edited scaled

The first place we visited was Mangshan Mountain. When I saw mountain on the schedule, I was scared. Chinese people love to climb. There are stairs even in the bathrooms. So, seeing a mountain on the schedule freaked me out because I didn’t have a smooth experience last time, I climbed that kind of height. I climbed the Great Wall and my thighs hurt for days. I left with PTSD, post-traumatic stress disorder, but I like to call mine post-Great Wall stress disorder. Mangshan was going to freak me out but, lo and behold, there was a cable waiting to take me to the mountaintop. The experience in the cable is different gravy. It’s like standing on a glass spread over water, with sharks roaming under you. Every second you spend on it makes you feel like it would break, and the hungry sharks would have you for dinner. That’s exactly how I felt in that cable, rising as high as 1000m above the ground and travelling a distance of nearly 4km to the apex of Mangshan Mountain. It was surreal. Five of us got into the cable car, two of them were our tour guides. And because I was scared, I asked as many questions as possible just to switch attention from me. If you’re scared and silent, everyone notices, at least those who are not scared. I become chatty when I am afraid. The questions however gave me some details about the cable and the wisdom behind the construction. It was built by at least 30 technicians, with the top 10 from China, taking only a few years to complete. The cable gave everyone an opportunity to travel to the top of the mountain and enjoy the wonders of nature. Imagine if there was no cableway, only a few people would hike that mountain and so many splendid features of the mountain would not have been discovered.

Now, the cable has not only provided accessibility to the people but has become a hotspot for thousands of people, especially those in Guangdong. The cable costs 280 yuan per trip with kids and elderly paying half the price. The gates are free for those with disabilities and half-price for the trip to the top. There are pavements on the mountain, including one for wheelchairs, so that everyone will have equal access. I admire China’s efforts in catering for people living with disabilities. There’s a spot for them everywhere you go; toilets, sidewalks, markets, and mountains. It’s something some of our countries can really emulate China. We are way behind when it comes to empowering the disability community in The Gambia.

According to our tour guide, the cable cars, number over 90, sometimes offer up to 10,000 trips on weekends, when almost everyone is free and up to 2,000 trips per day on weekdays. This generates at least 80 million yuan every year and 60-70% of the visitors come outside Chenzhou, mainly from Guangdong. That is equivalent to 700 million Gambian dalasis. I don’t think the whole of our tourism industry’s revenue is that impressive. It is just about creativity and preserving nature. It was a lovely cable trip. The roundtrips take roughly 40 minutes. We just ascended like a wisp of smoke and marvelled at high-altitude azaleas, which blossoms in late April and Huanan wuzhensong, the South China white pines. The starting was smooth. We were just chatting and wowing at the majestic elevation into the sky. It was good until it wasn’t good. We hit a fog and the weather dramatically got 10 degrees colder. There was no part of the journey scarier than that. I couldn’t see beyond the cable and staring down was even more terrifying. It’s so transparent that I felt like the thing would vomit us midway. God, I was happy to make it to the top and even happier that it wasn’t a roundtrip. I wouldn’t have the stomach to take the trip again.

Atop the mountain is the sculpture of the laotietou, a triangular-headed snake with a white tail. If there’s one animal I cannot call beautiful, it’s definitely a snake. But the “giant panda of snakes” is actually a beautiful creature that eats only mice and birds. Explaining the story to us at the monkey king village, Dr Chen Yuanhui, fondly called Dr Snake, who discovered the creature, said it doesn’t eat frogs, unlike other snakes. This panda snake is missing a delicious meal in frogs. The snake once bit Dr Snake himself and, because he would die after three minutes if he didn’t suck the poison out, he had to cut off the bitten middle finger to prevent the poison from spreading in his body. That is the height of bravery. It could never be me. I would struggle to cut my nail much less my finger. The poison can mix with my blood for all I care. We saw the snakes live. It’s a good thing there is a glass between the creatures and us. Looking at the snake hiss, flick its tongue and slither evoked some childhood memories. It’s a funny story and a bit embarrassing, actually. I was less than 10 years old in Guinea-Bissau. As common in most rural communities, at least in Africa, we had a pit latrine dug behind the compound to discharge solid waste. I didn’t even know what a flush toilet was at the time. I will tell you this for free, there are two advantages of a pit latrine which a flush toilet doesn’t have: an aura of security. Since it is normally dug outside the compound, even if you have a running stomach, you can just comfortably drop bombs there and no one would hear you. Flush toilets are generally inside the house; that means no matter how sound-proofed it might be, you just have to sometimes suppress the bombs, otherwise, people would hear you. The second advantage is that no matter how big or ugly or strange your poop is, you don’t get to see it. You just pull down whatever you’re wearing, squat and drop it straight into the pit. Flush toilets however force you to see that thing. Ew! I frown at mine each time I stand up from the toilet seat before flushing it with anger. So, on this fateful day, I had a running stomach. I ran to the pit latrine and squatted. To provide cover, old pieces of cloth are usually wrapped around the toilet, so no one would see you naked. This particular toilet was dug under a small tree, whose branches would sometimes droop over it. So, as I enjoyed myself, dropping chemicals into the pit and smiling, somehow, I just looked up and there it was; a snake on the branch not more than a meter above my head. I didn’t know whether to die or follow my poop into the toilet. Without pulling my trousers, I shouted and ran out 100k/h. I screamed so loud that people came out to check on me. The snake was scared away, and I was embarrassed to have been in that situation. I never liked snakes since then.

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Back to Mangshan. The construction on the mountain is an engineering course of its own. The pavement is stronger than metal and, because heavy machinery couldn’t be transported to the mountain, most of the construction was hand-made. It was exceptionally built. Even the ancient trees that appeared on the planned route of the pavement were kept to protect the environment and the tree species. The contractors allowed the trees to just pinch through the footpath and into the sky without undermining the integrity of the construction. We walked up and down in the foggy weather, most of us wearing raincoats, following the Q-shaped pavement and cherishing the red stripes on either side. People take the stripes up the mountain, make a wish and then tie them. I wanted to untie someone else’s and make my own wish but I didn’t. Their wish is probably a reality now and I didn’t want to undo that.

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The mountain also has an elevator with a vertical height of 23m and 46m in length. I even learned that some scenes of Wandering Earth were shot there. From the Bagua tai which is shaped like the Arabic number 8 (٨) to the Five Fingers, Mangshan Mountain provided a refreshing experience for me. I didn’t actually see the Five Fingers clearly because of the fog; I probably only saw an elbow.

Beautifully ornamented women of the Yao ethnic minority welcomed us to the Precipice Canyon Restaurant at the foot of the mountain. I saw a variety of the Yao handicrafts and dishes, plus an amazingly curated traditional song and dance. The food looked so tempting that I had to take some to the hotel so I could taste it when I broke my fast. The only thing I recognised in the dish, however, is a small, boiled egg. The rest are mysterious, greenish and delightful.

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A dazzling end to the trip took us to the Gaoyiling scenic area, a glittering sightseeing spot that attracted nearly a million tourists in less than two years. The rocks are beautiful. The water is serene. The mountains are idyllic. The silence is romantic. It is known as a “place forgotten by god.” God forgot the wrong place. Spread across 11 square kilometres, at least 600 million yuan has been invested in the site, which lifted it to a top-tier attraction with cliff swings, via ferrata and cable bridges, one of which I crossed with my heart in my mouth. On a cable bridge, you just know you wouldn’t fall but you’re never comfortable and I felt like those ahead of me on the bridge were deliberately shaking it. Intrigue, fear and passion merged to push me to the finish line. Chenzhou is indeed a city in the forest.

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All in all, Hunan was a memorable trip. The people are nice. The foods are awesome. The hotels are divine. I cannot forget Hunan. A huge gratitude to the team of organisers.

From Beijing; Chen Dehai, counsellor at the foreign ministry who was amazing throughout and cracking jokes, our tireless Cheng Dong (everyone’s Razeen) and, of course, Cui Xiaoyi, everyone’s Miller. Both were exceptional during the trip. In Hunan, from Yueyang, Changsha to Chenzhou: Liu Zhimin, Zhu Weidi, Wang Jiaxi, Wang Xinran, Chen Yaxi, Nie Chenxiao, Wang Yang, Zuo Si, Li Qin, Huang Duo, Peng Rui, Li Yujie, Zhao Nina, Xiao Danli. Plus, the local media team; Si Yang, Weiyi Xia and everyone else whose name I didn’t get. You all deserve a cup of Chinese tea!

KMC Youth Councillor on President Barrow & his team

Hadram Hydara
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KMC Youth Councillor on President Barrow & his team

Editor’s note: The opinions or facts therein expressed in this publication are those of the author. They do not purport to reflect the opinions or views of The Fatu Network.

By: Cllr Kemo Bojang, KMC Youth Councillor

We have been reliably informed that Barrow’s team just met every Alakalo in KM at Pa Omar Faal’s residence in Latirkunda and asked for their support in the coming local government elections. During the meeting, the team mentioned that they’ll build 100km of roads and claimed Mayor Bensouda and UDP are obstructing his development plans for KMC.

What this has shown us is that President Barrow has no love for the country and the people of the Kanifing municipality. If truly he is ready for what he has been calling for which is unity and development, our region being in the hands of the opposition should not be a hindrance to development. Mayor Bensouda has never altered or diverted development because it was meant for a ward or constituency that isn’t under the control of the UDP.

Why can’t the president learn or borrow a leaf from the pages of the Lord Mayor? In the areas that the president has claimed we are an obstruction to his development in urban Gambia, is the president acknowledging that he is weak and cannot assert his authority? Has he forgotten that the Banjul project was executed under the watchful eyes of an opposition mayor in Banjul? Why did he not complain then? If it can be done in Banjul, why not KMC?

Is he proving to us that he and his government are in disarray? If a council can stand in his way and obstruct his supposed development agenda. Going further, I find this hypocritical because there’s no law or power that councils have in stopping the central government from executing its functions in regions. It is the other way around.

President Barrow and his government have refused to subvent us, they have refused to acknowledge our work and even see us as partners in development, they are not interested in developing KMC and the Gambia, they are only interested in grabbing power.

Another flaw in the statement of his team is if indeed they are being truthful and frank to themselves and the Gambian people, why haven’t Brikama and Kuntaur been the best regional governments of the Gambia in terms of development because these two areas are under his control. Ironically, these two area councils are the least performing according to the just concluded CEPRASS survey.

At the end of the meeting, he gave every alkali D2500, I want to remind all Alkalis that you have been promised and failed multiple times, you have been promised salaries here and never given, all they told you today are not factualities but rather alternative truths. The 2,500 given to you today is your share of the national cake, I expect you to be the dignified traditional leaders you’ve always shown to be and do what is right and honouring for your people and the people of Kanifing.

Gambia Constitutional Building Process – a second bite at the cherry

Hadram Hydara
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Gambia Constitutional Building Process – a second bite at the cherry
By: Salieu Taal and Siddharth Sijoria

 

Adama Barrow as flag bearer of a coalition of political parties defeated President Yahya Jammeh in the December 1st Elections of 2016 and was sworn in as President of Gambia in 2017 bringing an end to a 22-year-long dictatorship that was characterized by a systematic abuse of the law and manipulation of the constitution with the aid of a rubber stamp National Assembly. The Barrow led government in line with its campaign promise to replace the 1997 constitution, proposed the Constitution Promulgation Bill in 2020, which aimed to replace the 1997 Constitution of the Gambia and establish a new one. The new Constitution would have introduced significant changes such as Presidential term limits, quotas for women’s participation, parliamentary vetting of the appointment of senior public officers and limitations on the power of the executive. The 2020 draft also introduced socio-economic rights and had a more progressive bill of rights provisions. The 2020 draft would have marked a significant departure from the 1997 constitution which was amended over 52 times at the whim of the former President. Despite the overwhelming public buy-in and participation in the 2020 constitutional building process, the Government sponsored bill was rejected at the first reading at the National Assembly. The Bill could not pass the first stage as it did not receive the required three-quarters majority in the National Assembly, with only 31 out of 54 members supporting it. Despite this setback, the President of Gambia at the 2023 Legal Year promised to re-introduce a new Constitution in line with the legitimate expectations of the Gambian people.[1] . The Minister of Justice has not made any formal pronouncements on the modalities of introducing a new constitution or the applicable legal framework. It is presumed that the legal basis of re-enacting a new constitution will be section 226 of the 1997 Constitution. However, it is interesting to note that some scholars and politicians have questioned the constitutionality of using s 226 and some even characterized the attempt to replace the 1997 constitution using section 226 as treasonous. Suffice to say that, the first attempt to enact a new constitution in 2020 using s.226 was not challenged at the courts, it is prudent to examine the provision and its applicability for the wholesale replacement of the 1997 constitution. In this article, the authors will provide a brief history of the making of the Gambia’s 1997 Constitution and constitutional structure and the practical challenges that may arise in constitution’s reformation/reenactment. The authors will critically examine the constitutional basis of replacing the 1997 constitution under the current constitution.

In 1997, The Gambia’s current Constitution was established after a military coup against one of Africa’s oldest democracies led by Sir Dawda Kairaba Jawara in 1994. The military junta, called the Armed Forces Provisional Ruling Council (AFPRC), led by a young captain, initially suspended and eventually dissolved the Constitution through a decree passed by the AFPRC council, ending the first republic. The current Constitution was adopted through a direct referendum and not a constituent assembly, as proposed by the National Consultative Committee (NCC), a body constituted by the military junta to establish the timetable and modalities for the return to civilian rule.

The 1997 Constitution’s preamble stated that the people of Gambia endorsed the “change of government on July 22” (the day the first republic was undemocratically and unconstitutionally ended). The constitutional building process initiated by the APRC military junta’s context and background is not discussed in this blog, but many observers have commented that the process was under repressive circumstances and opaque.

The democratic removal of Yahya Jammeh from the office in the Gambia marked the beginning of a transition from dictatorship to democracy in Gambia, which involved drafting a new constitution and addressing past human rights violations through the Truth, Reconciliation, and Reparations Commission (TRRC).[2] The new government, as part of their campaign promise, established a National Transitional Justice Program, which included the formulation of a new constitution. The Constitutional Review Commission (CRC) was established in December 2017 to review the 1997 Constitution and draft a new one. The CRC had a two-fold mandate to review the constitution and prepare a report on the draft constitution. They used a participatory approach to gather the views of Gambians on constitutional issues, which led to the creation of a comprehensive list of 369 questions and issues.[3]

The CRC conducted nationwide consultations, engaged with various stakeholders, and consulted with Gambians in the diaspora to prepare a draft constitution, which was published in November 2019. The CRC then conducted a second nationwide consultation tour to gather feedback on the draft constitution, which was submitted to the President on 30 March 2020. The Bill was twice published in the Government Gazette and introduced in the National Assembly but failed to receive the requisite majority vote in the National Assembly at the first reading.[4]

In reference to the Gambian Constitution of 1997, there appears to be no exit provision that provides for the formation of a constituent body for the re-enactment of the Constitution. Article 226 of the Gambian Constitution provides the power to initiate a process for the substitution of the Constitution with a new one. The power to initiate such a process lies with the National Assembly. The Preamble to the Gambian Constitution confirms that the sovereignty in Gambia lies with the people of Gambia. It affirms that all power emanates from the people and mentions that participatory democracy is a key element in the Gambian Constitution, which provides for the undiluted choice of the people. Article 1 (2) further

provides that sovereignty lies with the people and that the organs of the state must perform their role in accordance with the Constitution. Article 4 further emphasises that the Constitution is supreme.

The Constitution of Gambia states that the people’s sovereignty was not relinquished in the 1997 Constitution. Instead, they maintained their original will which is represented by their representatives in the Gambian National Assembly. There are no implicit constraints on amending the Gambian Constitution as per the constitutional text. The power to amend the Constitution granted to the National Assembly by Article 226 is a manifestation of the constituent power, rather than a derived constituent power. Hence, the Gambian Constitution can be amended to the extent that a new constitution can be formed by exercising the power to amend.[5]

The wording of Article 226 offers a legal pathway for the re-enactment of a constitution with or without changes. This in our view gives full legal authority to the National Assembly to consider the replacement of the existing constitution with a new constitution provided the procedures stipulated in detail under s 226 are complied with.

The authors are of the view that formation of a new constitution is a political question and not a legal one. The 1997 constitution has set a very high bar for the amendment of certain clauses mentioned in articlw 226(7) which require higher threshold for amendment ( a replacement of the constitution will be result  to the amendment those clauses ). At the initiation stage ( 2nd and 3rd reading) 75 %  ( three quarters ) of the members must agree. This means that there has to be political consensus at the National Assembly due to the fact that the no ruling political party has an absolute majority in the National Assembly. This means the ruling  and main opposition party must work on  a bipartisan basis  if the draft constitution is to be renacted as each of the major parties has a de facto veto power due to the high threshold.[6]. Even after scaling this hurdle , the final hurdle which is even a taller order is the threshold set at the referendum stage [ 50% of all registered voters and 75% of those who have cast their vote].[7]Given the very high threshold for public acceptance through a referendum, the need for a high level of political consensus and a bipartisan approach is critical to drum up public support.

The challenge  in Gambia is whether the ruling party  is able  to get  a super majority (75% ) in National Assembly election. Without a super majority or a bipartisan coalition , it will be difficult to reform the Constitution. The procedure for amendment of the constitution provided in Article 226 of the constitution functions as express limitation on the amendment power. The Constituent power [8]can be exercised in the manner provided under article 226. Without procedural compliance, there may be incompatibility with the constitution.

In conclusion, whether or not the Gambia gets a new constitution befitting of an emerging democracy is more of a political than a legal question. Notwithstanding, constitutional building is a tapestry of legal, social and political processes which are all interlinked. The Government Gambia has an opportunity to re-enact a new constitution and the possibility of doing so in keeping with the participatory approach taken in the 2020 constitutional building process.

The authors conclude that section 226 of the current constitution  provides the Government a legal pathway in our view to re-enact a new constitution to finally usher in a Third Republic.

[1]https://www.reuters.com/world/africa/re-elected-gambian-president-barrow-promises-new-constitution-term-limits-2021-12-07/

[2] https://blog-iacl-aidc.org/2020-posts/2020/9/29/attempts-at-constitutional-reform-in-the-gambia-whither-the-draft-constitution

[3] https://blog-iacl-aidc.org/2020-posts/2020/9/29/attempts-at-constitutional-reform-in-the-gambia-whither-the-draft-constitution

[4] https://thepoint.gm/africa/gambia/headlines/what-next-as-deputies-reject-the-draft-constitution-2020

[5] Article 226(9) of the Gambian Constitution, 1997

[6] The Presidents Party NPP won 19 seats out of 53 against the UDP opposition party’s 15 seats. https://www.aljazeera.com/news/2022/4/10/gambian-presidents-party-narrowly-wins-legislative-polls

[7] Section 226 (4) (d) of the 1997 Constitution

[8] Refer to the Article for understanding of the constituent power. https://blogrevistaderechoestado.uexternado.edu.co/2021/02/11/constituent-vs-constituted-powers-comparing-the-origin-of-the-basic-structure-doctrine-with-the-colombian-substitution-doctrine/

To cite: Salieu Taal and Siddharth Sijoria, “Gambia Constitutional Building Process – a second bite at the cherry” in Blog Revista Derecho del Estado, March 31st, 2023. Available in:

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