The Supreme Court has upheld the constitutionality of the Commission of Inquiry (Amendment) Act 2023, ruling that the National Assembly acted within its constitutional authority when it passed a law allowing the President to grant amnesty to people barred from holding public office by commissions of inquiry.
In a unanimous decision delivered by a five-member panel on Wednesday, the court dismissed a constitutional challenge brought by the Coalition of Progressive Gambians and journalist Kemeseng Sanneh renowned as Kexx against the Attorney General and the Clerk of the National Assembly.
The court ruled that National Assembly did not breach the Constitution by amending the Commission of Inquiry Act, affirming that the National Assembly had the power to legislate on the legal consequences of commission findings. The judgment leaves the amendment in force.
The Commission of Inquiry (Amendment) Act 2023 was passed by the National Assembly on September 2, 2023. It introduced a provision allowing the President to grant amnesty to individuals who have been disqualified from holding public office following the findings of a commission of inquiry. Before the amendment, such disqualifications remained in force without a mechanism for presidential amnesty.
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The plaintiffs argued that Sections 19, 20 and 21 of the amendment were inconsistent with Sections 200 to 206 of the 1997 Constitution, which set out the legal framework governing commissions of inquiry. They contended that the National Assembly exceeded its legislative powers by passing provisions that weakened the effect of commission findings.
According to the plaintiffs, Parliament could not lawfully enact legislation that allowed the executive to remove or reduce sanctions imposed through commissions of inquiry.
However, the Supreme Court rejected those arguments, holding that the National Assembly had acted within the powers granted to it under the Constitution.
The case challenged amendments to the Commission of Inquiry Act that were enacted in 2023. The plaintiffs had asked the Supreme Court to declare Sections 19, 20 and 21 unconstitutional and to strike them down on the grounds that they conflicted with constitutional provisions governing commissions of inquiry.
Under Section 200 of the Constitution, the President may establish a commission of inquiry to investigate the conduct of public officials, public institutions or matters considered to be in the public interest. Sections 201 to 205 deal with the appointment of commissioners, the powers and functions of commissions, publication of reports, adverse findings and witness immunity, while Section 206 empowers the National Assembly to make further laws governing commissions of inquiry.
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The Supreme Court's ruling means the President retains the legal authority granted under the amended law to issue amnesty to individuals barred from holding public office by the findings of a commission of inquiry.
