By Omar Bah
Human rights activists Sait Matty Jaw, Madi Jobarteh, Pa Samba Jow, and Baboucarr Nyang have initiated legal action against the Clerk of the National Assembly, the Justice Minister, and the Finance Minister regarding concerns over the recent tabling of the 2025 budget.
The approval process for Gambia’s 2025 draft budget has come under significant scrutiny due to claims of non-compliance with the 1997 Constitution. The budget was submitted on November 15, which did not align with the requisite 60-day notice period before the end of the fiscal year. While the Finance Minister attributed the delays to essential donor consultations and necessary salary adjustments, this explanation has not fully pacified many lawmakers and activists.
In a writ of summons obtained by The Standard, the plaintiffs are seeking a court declaration stating that the decision made by the National Assembly and the Speaker to allow the Finance Minister to present the 2025 Estimates of revenue and expenditure beyond the constitutionally mandated period is a violation of Section 152 (as amended) of the Constitution.
Furthermore, they request that the court nullify this late submission, deeming it unconstitutional and invalid. The activists also advocate for a declaration that any actions or decisions taken regarding the 2025 Budget outside the stipulated constitutional timeframe lack legal standing.
The plaintiffs assert their legal action is grounded in a commitment to upholding the rule of law, democratic principles, and good governance within the nation’s public affairs. They view themselves as vigilant overseers against public officials’ potential misuse of power. They believe that Section 5 (1) of the Constitution empowers them to initiate this legal challenge to support constitutional enforcement.
