The Gambia 1996 Constitution (reviewed 2018)

CHAPTER II. THE CONSTITUTION AND THE LAWS

4. Supremacy of the Constitution

This Constitution is the supreme law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.

5. Enforcement of the Constitution

1. A person who alleges that-
   1. any Act of the National Assembly or anything done under the authority of an Act of the National Assembly; or
   2. any act or omission of any person or authority, is inconsistent with or is in contravention of a provision of this Constitution, may bring an action in a court of competent jurisdiction for a declaration to that effect.
2. The court may make orders and give directions as it may consider appropriate for giving effect, or enabling effect to be given, to such a declaration and any person to whom any order or direction is addressed shall duly obey and carry out the terms of the order or direction.
3. The failure to obey or carry out any order made or direction given under subsection (2) shall constitute the offence of violating the Constitution and-
   1. shall, in the case of the President or Vice-President, constitute a ground for his or her removal from office in accordance with section 67; and
   2. any other person who is convicted of that offence shall be liable to the penalty prescribed by an Act of the National Assembly.

6. Defence of the Constitution

1. Any person who-
   1. by himself or herself or in concert with others, by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act; or
   2. aids and abets in any manner any person referred to in paragraph (a), commits the offence of treason and shall, on conviction, be liable to the penalty prescribed by an Act of the National Assembly for that offence.
2. All citizens of The Gambia have the right and the duty at all times to defend this Constitution and, in particular, to resist, to the extent reasonably justifiable in the circumstances, any person or group of persons seeking or attempting by any violent or unlawful means to suspend, overthrow or abrogate this Constitution or any part of it.
3. A person who resists the suspension, overthrow or abrogation of this Constitution as provided in subsection (2), commits no offence.

7. The laws of The Gambia

In addition to this Constitution, the laws of The Gambia consist of-

1. Acts of the National Assembly made under this Constitution and subsidiary legislation made under such Acts;
2. any orders, rules, regulations or other subsidiary legislation made by a person or authority under a power conferred by this Constitution or any other law;
3. the existing laws including all decrees passed by the Armed Forces Provisional Ruling Council;
4. the common law and principles of equity;
5. customary law so far as concerns members of the communities to which it applies;
6. the Sharia as regards matters of marriage, divorce and inheritance among members of the communities to which it applies.