The Supreme Court unanimously upheld the constitutionality of the Commission of Inquiry (Amendment) Act 2023 on Wednesday, a decision delivered by a five-member panel. The ruling affirmed that the National Assembly acted within its constitutional authority when passing the law, which allows the President to grant amnesty to individuals barred from holding public office by commissions of inquiry. The court dismissed a constitutional challenge brought by the Coalition of Progressive Gambians and journalist Kemeseng Sanneh (Kexx) against the Attorney General and the Clerk of the National Assembly. The case specifically challenged amendments to the Commission of Inquiry Act enacted in 2023, which were passed by the National Assembly on September 2, 2023. The amendment introduced a provision allowing the President to grant amnesty to individuals disqualified from public office following commission findings. This judgment from the Supreme Court leaves the amendment in full force.
Legal Challenge Dismissed
The court ruled the National Assembly did not breach the Constitution by amending the Commission of Inquiry Act. Plaintiffs, including the Coalition of Progressive Gambians and journalist Kemeseng Sanneh (Kexx), had argued that Sections 19, 20, and 21 of the amendment were inconsistent with Sections 200 to 206 of the 1997 Constitution. They contended that the National Assembly exceeded its legislative powers by passing provisions that weakened the effect of commission findings. However, the Supreme Court rejected these arguments. The court held that the National Assembly acted within its constitutional powers when enacting the amendments. The Supreme Court's decision was definitive, affirming the legislative body's authority in this matter.
Constitutional Framework
Under Section 200 of the Constitution, the President possesses the authority to establish a commission of inquiry. These commissions are tasked with investigating public officials, institutions, or other matters deemed to be in the public interest. The President may establish a commission of inquiry to investigate public officials, institutions, or matters in the public interest, as per this constitutional provision. The Constitution also empowers the National Assembly to enact further legislation concerning these commissions. Specifically, Section 206 of the Constitution grants the National Assembly the power to create laws governing the operations and outcomes of such inquiries. This legislative authority allows the National Assembly to shape the legal framework within which commissions of inquiry operate. Prior to the recent amendment, any disqualifications from public office resulting from the findings of a commission of inquiry remained in effect indefinitely. There was no established mechanism within the existing legal framework for a presidential amnesty to overturn these disqualifications. This meant that once an individual was disqualified by a commission's findings, that decision was final regarding their eligibility for public office. Before the amendment, such disqualifications remained in force without a mechanism for presidential amnesty to intervene.
Implications of Ruling
The Supreme Court's decision means the Commission of Inquiry (Amendment) Act 2023 remains in full effect. The ruling specifically affirms that the President retains the legal authority to issue amnesty under the amended law. This outcome resolves the constitutional challenge, solidifying the provisions enacted by the National Assembly. As a result, the mechanism allowing the President to grant amnesty to individuals previously barred from public office by commissions of inquiry is now legally established and enforceable. The judgment effectively entrenches the changes made to the Act, allowing for the presidential prerogative to overturn such disqualifications. The Supreme Court's ruling means the President retains the legal authority to issue amnesty under the amended law, providing a new pathway for individuals previously disqualified from holding public office.