CHAPTER I. THE REPUBLIC 1. The Republic 2. Public Seal 3. National flag and anthem CHAPTER II. THE CONSTITUTION AND THE LAWS 4. Supremacy of the Constitution 5. Enforcement of the Constitution 6. Defence of the Constitution 7. The laws of The Gambia CHAPTER III. CITIZENSHIP 8. Citizens on the commencement of the Constitution 9. Citizen by birth 10. Citizen by descent 11. Marriage to a citizen 12. Naturalisation as a citizen 12A. Dual citizenship 13. Deprivation of citizenship 14. Restoration of citizenship 15. Acts of the National Assembly 16. Interpretation of Chapter III CHAPTER IV. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 17. Fundamental rights and freedoms 18. Protection of right to life 19. Protection of right to personal liberty 20. Protection from slavery and forced labour 21. Protection from Inhuman Treatment 22. Protection from Deprivation of Property 23. Privacy 24. Provision to secure protection of the law and fair trial 25. Freedom of speech, conscience, assembly, association and movement 26. Political rights 27. Right to marry 28. Rights of women 29. Rights of children 30. Right to education 31. Rights of the disabled 32. Culture 33. Protection from discrimination 34. Declaration of state of public emergency 35. Derogations from fundamental rights under emergency powers 36. Persons detained under emergency powers 37. Enforcement of protective provisions 38. Interpretation of Chapter IV CHAPTER V. REPRESENTATION OF THE PEOPLE PART I. The Franchise 39. The right to vote and registered 40. Secret ballot 41. Electoral laws PART II. The Independent Electoral Commission 42. The Commission 43. Functions of the Commission 44. Financial 45. Electoral Laws PART III. Presidential Elections 46. Election of a President 47. Nomination of Candidates 48. The Poll on an election 49. Challenge to election of a President PART IV. National Assembly Constituencies 50. Delimitation of constituencies PART V. National Assembly Elections PART VI. Seyfolu and Alkalolu 58. Appointment of a District Seyfo 59. Appointment of an Alkalo PART VII. Political Parties 60. Political parties CHAPTER VI. THE EXECUTIVE PART I. The President 61. Office of President 62. Qualifications for election as President 63. Tenure of office of President 64. Temporary exercise of President’s functions 65. Vacancy in the office of President 66. Mental or physical incapacity 67. Misconduct by the President 68. Salary and allowances 69. Immunity from civil and criminal proceedings PART II. The Vice-President, Ministers and the Cabinet 70. The Vice-President 71. Ministers 72. Functions and incidents of office 73. Cabinet 74. Responsibility of Cabinet and Ministers 75. Vote of censure PART III. Executive Powers 76. The executive power 77. The Executive power and The National assembly 78. National Security Council 79. Foreign Affairs 80. Constitution of Public Offices 81. Administration of Departments of State 82. Prerogative of Mercy 83. Honours and awards PART IV. Prosecutions 84. Director of Public Prosecutions 85. Control of prosecutions 86. Private prosecutions CHAPTER VII. NATIONAL ASSEMBLY AND LEGISLATION PART I. Establishment of the National Assembly and Members 87. Establishment of the National Assembly 88. Members of The National Assembly 89. Qualifications for membership to the National Assembly 90. Disqualifications for membership of the National Assembly 91. Tenure of seats of members of the National Assembly 92. Recall of Members 93. The Speaker and the Deputy Speaker 94. Clerk of the National Assembly 95. Remuneration and allowances PART II. The Meeting and Dissolution of the National Assembly 96. General election 97. Sessions of the National Assembly 98. Sittings of National Assembly 99. Term of the National Assembly PART III. Legislation and Other Powers of the National Assembly 100. The legislative power 101. Introduction of bills and motions 102. Additional functions of the National Assembly PART IV. Procedure in the National Assembly 103. Presiding in the National Assembly 104. Vacancy and quorum 105. Language in the National Assembly 106. Voting in the National Assembly 107. Unqualified person sitting or voting 108. Regulation of procedure in National Assembly 109. Committees of National Assembly 110. Contempt of National Assembly 111. The National Assembly Service PART IV. Responsibilities, Privileges and Immunities 112. Responsibilities of members 113. Freedom of speech and debate 114. Privilege of the National Assembly 115. Immunity from service of process and arrest 116. Immunity from witness summons 117. Immunity from jury service 118. Immunity for Publication of proceedings 119. Privileges of witnesses CHAPTER VIII. THE JUDICATURE PART I. The Courts of the Gambia 120. The courts and the judicial power 121. The Chief Justice 122. The Superior Courts 123. Immunity from suit 124. Courts to give timely decisions PART II. The Superior Courts A. The Supreme Court 125. Composition of Supreme Court 126. Jurisdiction of Supreme Court 127. Original jurisdiction 128. Appellate jurisdiction B. The Court of Appeal 129. Composition of Court of Appeal 130. Jurisdiction of Court of Appeal C. The High Court 131. Composition of High Court 132. Jurisdiction of High Court 133. Supervisory jurisdiction D. Special Criminal Court 134. Special Criminal Court 135. Jurisdiction 136. National Assembly to make further provision PART III. The Cadi Court 137. The Cadi Court 137A. Cadi Appeals Panel PART IV. The Judges 138. Appointment of judges 139. Qualifications for appointment of judges 140. Vacancy in office of Chief Justice 141. Tenure of office of judges 142. Remuneration of judges PART V. Administration of the Courts 143. Administrative provisions 144. Financial PART VI. The Judicial Service Commission 145. The Judicial Service Commission 146. Appointment of Judicial Officers and court staff 147. Other functions of Commission 148. Operation and procedure CHAPTER IX. FINANCE PART I. Public Finance 149. Taxation 150. Consolidated Fund 151. Withdrawal from Consolidated and other Funds 152. Annual estimates and Appropriation 153. Supplementary appropriation 154. Contingencies Fund 155. Loans 156. Salaries, etc., charged on Consolidated Fund 157. The Public Debt PART II. The Auditor-General and the National Audit Office 158. The Auditor-General 159. National Audit Office 160. Functions of Auditor-General PART III. The Central Bank 161. Establishment of Central Bank 162. The Board of the Central Bank CHAPTER X. THE OMBUDSMAN 163. National Assembly to establish office of Ombudsman 164. Appointment and tenure of office of Ombudsman 165. Independence of Ombudsman CHAPTER XI. THE PUBLIC SERVICES PART I. Public Service 166. The Public Service 167. Appointment to and removal from offices in the public service 168. Head of the Civil Service 169. Protection of public servants 170. Restriction on political activities of public servants 171. Retirement age PART II. The Public Service Commission 172. Establishment of Commission 173. Powers of appointment 174. Other powers of Commission PART III. Public Enterprises 175. Public Enterprises PART IV. Pensions 176. Protection of pension rights 177. Public service pensions to be free of tax CHAPTER XII. THE POLICE FORCE AND PRISON SERVICE PART I. The Police Force 178. The Gambia Police Force 180. Police Council PART II. The Prison Service 182. The Gambia Prison Service 183. Control of Prison Service 184. Prison Service 185. Appointments in Prison Service CHAPTER XIII. THE ARMED FORCES AND THE NATIONAL INTELLIGENCE AGENCY PART I. The Armed Forces 186. Armed Forces 187. Functions 188. Control of the Armed Forces 189. Armed Forces Council 190. Appointments in Armed Forces PART II. National Intelligence Agency 191. National Intelligence Agency CHAPTER XIV. LAND COMMISSION 192. Land Commission CHAPTER XV. LOCAL GOVERNMENT AND TRADITIONAL RULERS 193. System of local government 194. Local government authorities CHAPTER XVI. THE NATIONAL YOUTH SERVICE 195. National Youth Service Scheme 196. Participation in the service 197. National Youth Service Board CHAPTER XVII. THE NATIONAL COUNCIL FOR CIVIC EDUCATION 198. National Assembly to establish National Council for Civic Education 199. Functions of the Council CHAPTER XVIII. COMMISSIONS OF INQUIRY 200. Commissions of Inquiry 201. Presiding Commissioner 202. Function and powers of Commission 203. Publication of report 204. Adverse findings 205. Immunities of witnesses 206. National Assembly to make further provision CHAPTER XIX. The Media 207. Freedom and responsibility of the Media 208. Responsibility of State owned media 209. Limitations on rights and freedoms CHAPTER XX. DIRECTIVE PRINCIPLES OF STATE POLICY 211. Application of the Directive Principles of State Policy 212. National Integration and Unity 213. National Sovereignty and Independence 214. Political objectives 215. Economic Objectives 216. Social Objectives 217. Educational objectives 218. Cultural objectives 219. Foreign relations 220. Duties of a Citizen CHAPTER XXI. CODE OF CONDUCT FOR PUBLIC OFFICERS 221. Application of Code of Conduct 222. The Code of Conduct The Code of Conduct Duties of Public Officers Financial Additional provisions relating to the President 223. Declaration of assets 224. Ombudsman to report contravention of Code of Conduct 225. Payment of taxes CHAPTER XXII. AMENDMENT OF THE CONSTITUTION 226. Alteration of this Constitution CHAPTER XXIII. MISCELLANEOUS PART I. Appointments and Resignations 227. Acting appointments 228. Resignations 229. Re-appointments and concurrent appointments PART II. General 230. Interpretation 231. Construction of various powers 232. Transitional and consequential provisions SECOND SCHEDULE. TRANSITIONAL AND CONSEQUENTIAL PROVISIONS 1. Interpretation 2. Election of first President 3. Elections to the National Assembly 4. First constituency members of the National Assembly Notwithstanding any other provision of this Constitution, the National Assembly constituencies established by the Electoral Decree, 1996 shall, until other provision is made in accordance with Chapter V of this Constitution, be deemed to be constituencies for the purposes of the Constitution and the persons duly elected as members of the National Assembly for those constituencies in accordance with the said Electoral Decree 1996 shall be deemed to have been elected as such members for their respective single member constituencies. Such members shall hold their seats in accordance with the provisions of this Constitution 5. First meeting of the National Assembly 6. Existing law 7. The Court 8. Judges 9. Existing offices 10. Financial provision 11. Savings of Commissions of Inquiry Established During the Period Commencing 22nd July, 1994, up to the coming into Force of this Constitution 12. Succession to property 13. Legal Proceedings 14. Preservation of Confiscation and Penalties imposed by the Armed Forces Provisional Ruling Council 15. Abrogation of 1970 Constitution 16. Substitution of life imprisonment for death penalty 17. Paragraphs not to be amended
There shall be a Police Force of The Gambia of which the Inspector-General of Police shall be the Head.
The Police Force shall be equipped and maintained to perform its traditional role of maintaining law and order, and such other functions as may be prescribed by an Act of the National Assembly.
No person or authority shall raise any other police force or service except by or under the authority of an Act of the National Assembly.
[Deleted by Act No. 6 of 2001.]
[Deleted by Act No. 6 of 2001.]
There shall be a Police Council whose composition, 6 of 2001 functions and powers shall be prescribed by an Act of the National Assembly.
[Deleted by Act No. 6 of 2001.]
There shall be a Prison Service which shall be headed by the Commissioner of Prisons.
An Act of the National Assembly shall prescribe the functions and powers of the Prison Service.
Subject to the general authority and direction of the President and the control of the Prison Service Council, the Commissioner of Prisons shall be responsible for the operational control and administration of the Prison Service and prisons in The Gambia.
There shall be a Prison Service Council whose composition, functions and powers shall be prescribed by an Act of the National Assembly.
The Commissioner of Prisons shall be appointed by the President after consultation with the National Security Council.
Subject to this section, the power to appoint persons in the rank of Assistant Commissioner and above in the Prison Service shall be vested in the President on the advice of the Commissioner of Prisons through the Secretary of State.
Subject to any regulations made by the Prison Service Council, the power to appoint persons to a rank in the Prison Service below that of Assistant Commissioner shall vest in the Commissioner.
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