Gambia: 'Constitution Backs MPs' Right to Compel Executive Action On $30m Oil Scandal'

7 October 2025
The Point (Banjul)
By Jankey Ceesay

A new legal opinion has confirmed that The Gambia's National Assembly has full constitutional authority to compel the executive to act on its adopted resolutions particularly those stemming from the $30 million illegal crude oil importation probe.

They south advise on whether the executive overrides Parliamentary recommendations or decisions that have been unanimously adopted at a plenary on the illegal importation of 36,916 metric tonnes of crude oil valued at $30 million? And whether the executive has the legal mandate to pass judgement on the criminality of illegal importation of the crude oil, a role that is constitutionally required by the courts?

The opinion, sought by the Finance and Public Accounts Committee (FPAC) and the Public Enterprises Committee (PEC), settles the growing dispute over whether the government can ignore Parliament's directives.

According to the legal interpretation, Section 109(d) of the 1997 Constitution empowers the National Assembly to investigate the conduct of government and exercise oversight--a power that includes the right to demand implementation of its resolutions once they are adopted by the full Assembly.

Keep up with the latest headlines on WhatsApp | LinkedIn

The advisory clarified that while Parliament cannot prosecute or enforce penalties directly, the executive is constitutionally bound to act on the Assembly's findings and recommendations.

"Once adopted in plenary, a committee report becomes the official decision of Parliament, the executive cannot legally override or ignore such resolutions," the opinion stated.

The legal advice followed the executive's lukewarm response to Parliament's inquiry into the illegal importation of 36,953.614 metric tons of petroleum worth $30 million, which MPs described as a test of constitutional accountability.

Lawmakers were reminded that if the government fails to comply, Parliament retains powerful tool votes of censure, budget withholding, and ministerial summons to enforce its will.

Calls grow for national monument to honour Halifa Sallah's legacy

Gambia Experience maiden flight lands with 189 tourists

Read the original article on The Point.

Tagged:
Copyright © 2025 The Point. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 600 reports a day from more than 90 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.