Gambia Roundup: Insults law invoked, Diaspora voting rejected again, Constitution reform falters

Woman charged for insulting President

A Gambian woman, Mariama Naba Darboe, was arraigned this week at the Brusubi Magistrates’ Court for allegedly insulting President Adama Barrow in violation of the new Criminal Offences Act, 2025. Prosecutors claim Darboe referred to the President as a “motherfucker” on July 5 in Tanji, an act now criminalised under Section 107(2), which prohibits "parental insults" against senior public officials, Foroyaa reports. She pleaded not guilty when the charge was read in Mandinka. Prosecutor ASP O. Bobb requested that Darboe surrender her travel documents as part of bail conditions, but her lawyer, F. Conteh, objected. “The offence charged is a misdemeanor, not a felony,” she argued. Magistrate Jallow ruled in favour of bail at D50,000 (approximately $700)with two Gambian sureties and the deposit of all travel documents.

Rights group welcomes landmark ECOWAS ruling on FGM

The Women in Liberation & Leadership (WILL) group has praised the ECOWAS Court of Justice ruling against Sierra Leone for failing to outlaw female genital mutilation (FGM). In a statement, WILL called the ruling “a monumental step forward in the fight against FGM” and “a resounding affirmation of the rights of women and girls across the region.” The court ruled Sierra Leone violated international human rights by failing to criminalise FGM, referencing obligations under the Maputo Protocol and African Charter. “This ruling could not have come at a more pivotal moment for The Gambia,” the group said, noting the country’s Supreme Court is currently hearing a constitutional challenge to its 2015 FGM ban, the Standard reports.

MPs block attempt to restore diaspora voting rights

Lawmakers on Tuesday again rejected Clause 14 of the Elections Bill, dashing hopes of reinstating diaspora voting. Lamin Ceesay (Kiang West) moved a motion to rescind the earlier decision, citing a Supreme Court ruling that confirmed voting rights for Gambians abroad. “This clause is cardinal in the evolution of our electoral system,” he said. “The Constitution guarantees the right of all Gambians to vote, regardless of where they live. We must act to give effect to that right,” Foroyaa quotes Ceesay. Despite citing constitutional sections including 39(1) and 100(2)(b), the motion was not carried, maintaining the status quo and sparking concern among diaspora rights advocates.

Justice Ministry received 619 prosecution files in five years

Attorney General Dawda A. Jallow told Parliament that his ministry received 619 criminal case files from 2021 to 2025. These included cases of murder, rape, fraud, and robbery. However, he cautioned that the data were manually compiled due to the absence of a digital case management system. “Due to the limited time given for the submission of this answer, I am not able to provide detailed information regarding the status of all these cases,” he said. Jallow stressed the urgent need for digital reform, “It remains a serious concern that the Attorney General cannot, in this digital age, generate such information instantly from his desk,” Fatu Network reports.

Parliament rejects draft constitution for second time

For the second time since 2020, Gambia’s lawmakers have voted down a draft constitution. The 2024 Promulgation Bill failed to achieve the three-quarters majority required to move forward, garnering just 35 votes in favor and 21 against. Justice Minister Dawda A. Jallow, who tabled the bill, expressed disappointment, “This is the second time the Assembly has rejected an opportunity to usher in a new republican era for The Gambia. Constitutional reform transcends partisan politics and speaks to the very soul of our nation.” The bill proposed key democratic reforms such as presidential term limits and a 50%+1 election win threshold. Its failure is viewed as a significant setback to post-Jammeh reforms, Foroyaa reports.