Gambia Supreme Court Upholds Law Allowing Commission of Inquiry Amendments
On July 8, 2026, The Gambia's Supreme Court unanimously dismissed a constitutional challenge against amendments to the Commission of Inquiry Act 2023. The court ruled that the National Assembly acted within its constitutional authority when enacting the legislation. The challenge was brought forth by CoPG and Kexx Sanneh, who contested the legality of the amended act. The Supreme Court's decision affirms the legislative branch's power to amend laws concerning commissions of inquiry. This ruling clarifies the legal framework surrounding such commissions in The Gambia. The judgment was delivered by the judges, who provided explanations for their legal reasoning. The specific provisions of the Commission of Inquiry (Amendment) Act 2023 that were challenged were found to be constitutional. This outcome means the amended act remains in force, impacting the operations and scope of commissions of inquiry.
The Supreme Court's affirmation of the National Assembly's power to amend the Commission of Inquiry Act 2023 highlights the judiciary's role in interpreting legislative intent and constitutional boundaries. This ruling reinforces the principle of parliamentary sovereignty within the Gambian legal system. Future legislative actions concerning investigative bodies will likely be assessed against this precedent, emphasizing the balance between executive powers of inquiry and citizens' constitutional rights. The decision may influence how future commissions are structured and empowered, potentially impacting transparency and accountability mechanisms within the government.
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