The Gambia Bar Association has classed President Adama Barrow’s state of emergency declarations as a ‘dangerous precedent to our democracy’ as it reacted to the president’s new state of emergency declaration on July 7.
“It is our view that the declaration of a State of Public Emergency consecutively by the President on the 19th May 2020, 10th June 2020, 1st July 2020 and 7th July 2020 is in effect a usurpation of the powers granted to the National Assembly and is a dangerous precedent for our democracy,” the lawyers group said in a statement Thursday signed by President Salieu Taal.
The group insisted further in their statement: “Section 34(1) of the Constitution Of The Republic of The Gambia gives the President of the Republic the exclusive power to declare a State of Public Emergency but limits the exercise of this power under section 34(2) by prescribing that a State of Public Emergency shall lapse after seven (7) days or if the National Assembly is not in session after twenty-one (21) days. Under the aforementioned provision, the duration of the State of Public Emergency can only be extended if prior to its expiration, a resolution is tabled and approved by two–thirds of the National Assembly Members.
“The Constitution therefore subjects the exercise of the Presidential Powers to declare a State of Public Emergency to National Assembly oversight and scrutiny by prescribing the duration of any such declaration made by the President. It is important to note that whilst the President of the Republic has the power to declare a State of Public Emergency in accordance with section 34, the Constitutional power to extend a State of Emergency is vested exclusively on the National Assembly. This is unequivocally provided under Section 34(2) of the Constitution.
“Against this background, it is of our view that the Declaration ofStateof Public Emergency pursuant to Section 34(6) of the Constitution on the 10th June, 1st July and 7th July without recourse to the National Assembly is not consistent with the dictates of the Constitution.
“The purported declarations by the President of the Republic are in essence extensions of the existing State of Public Emergency already declared on 18th March 2020 and 26th March 2020 respectively which were subsequently extended by the National Assembly. It is our view that section 34(6) does not give the President the unfettered power or a carte blanche to declare a State of Public Emergency consecutively based on the same emergency (here the COVID-19) thereby circumventing parliamentary scrutiny and oversight, which is an essential check on the exercise of such emergency powers.
“The right and proper course of action was for the Executive to table a motion to extend the State of Emergency before the National Assembly. This is in line with the spirit and substance of the Constitution, which is the supreme law of this country.”
