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My Response to Hon. Almameh Gibba & Foni NAMs: Hiding Behind Legal Gymnastics to Deny Diaspora Voting

  • March 5, 2025
  • 3 min read
My Response to Hon. Almameh Gibba & Foni NAMs: Hiding Behind Legal Gymnastics to Deny Diaspora Voting

By Ndey Jobarteh

Hon. Almameh Gibba and his colleagues have attempted to justify their betrayal of the Gambian diaspora by citing constitutional constraints. But let’s be clear: the Constitution is not the problem, their lack of political will is.

  1. The Constitution Does Not Prohibit Diaspora Voting, It Only Needs an Enabling Law.
    Hon. Gibba argues that Section 39 and Section 88 prevent diaspora Gambians from voting because they are not registered in one of the 48 National Assembly constituencies. This is misleading. The Constitution does not explicitly prohibit diaspora voting. It simply states that voters must be registered in a constituency, which can be expanded or modified by law, just as other election related laws have been adjusted in the past.

In fact, Section 41 of the Constitution empowers, the Independent Electoral Commission (IEC) to regulate voter registration through an Act of Parliament. If the NAMs truly supported diaspora voting, they would have voted to pass a law facilitating it, instead of using the Constitution as an excuse.**

  1. The Same NAMs Who Claim “Legal Constraints” Have No Problem Bypassing the Constitution When It Suits Them.
    When it benefits them politically, these same NAMs and their allies have made constitutional changes without hesitation. Yet, when it comes to granting diaspora Gambians their democratic right, suddenly they become strict constitutionalists .

Where was this constitutional concern when they: Blocked the 2020 Draft Constitution, which would have explicitly allowed diaspora voting? Supported unconstitutional appointments and policies, when it served their interests?

This selective use of constitutional arguments exposes their hypocrisy.

  1. Their Vote Was Political, Not Legal.
    Despite their claims of neutrality, this was a politically motivated vote to suppress the voices of Gambians abroad. The diaspora is a powerful and independent voting bloc, one that would not be easily manipulated. That is why they voted against it.

If they truly believed in democracy, they would have worked to amend the legal framework instead of using it as an excuse to disenfranchise an entire segment of the population.

  1. Diaspora Gambians Deserve More Than Remittances, They Deserve Representation.
    Hon. Gibba and his colleagues claim they represent “all Gambians.” But how can that be true when they have just denied a fundamental right to hundreds of thousands of Gambians abroad?

Diaspora Gambians contribute billions of dalasis annually to the Gambian economy. They fund schools, hospitals, businesses, and even political campaigns. Yet, these NAMs believe they do not deserve a say in their own country’s governance.

  1. No Condition Is Permanent, The Diaspora Will Vote.
    This vote may have succeeded for now, but it will not stand the test of time. No government, no assembly, and no political maneuvering can permanently silence Gambians abroad. One fine day, diaspora Gambians will cast their votes. And when they do, they will remember who stood with them and who betrayed them.

Final Message!
Hon. Gibba and his colleagues did not vote based on constitutional concerns, they voted to suppress the voices of Gambians abroad. No amount of legal gymnastics can change that. The fight for diaspora voting continues, and history will judge those who stood in the way of democracy.

To hear what he said on KERR FATOU her: https://www.facebook.com/share/p/15kaJDTjeF/

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