NHRC urges constitutional change to abolish death penalty in The Gambia

By Alieu Jallow

The National Human Rights Commission (NHRC) has called for the abolition of the death penalty and urged lawmakers to amend the Constitution so that Gambian courts can no longer impose capital punishment.

In its 2025 Annual State of Human Rights Report, the NHRC says Section 18(1) of the 1997 Constitution still permits courts to hand down death sentences, creating a legal contradiction with recent reforms and the government’s long‑standing moratorium on executions. The Commission notes the Criminal Offences Act, 2025, no longer provides for the death penalty and points to a January 2025 High Court ruling that sentenced a man to death for a murder in Manjai as evidence of the inconsistency.

“Recognising the ongoing calls for the abolition of the death penalty as it has the potential to violate the right to life, the State should consider amending Section 18(1) of the 1997 Constitution to give greater effect to the removal of the death penalty in the Criminal Offences Act 2025,” the NHRC says, urging the Ministry of Justice to work with the National Assembly on the change.

Calls for accountability in unresolved killings

The Commission also renewed demands for full investigations into several unresolved deaths recorded in 2025, saying the right to life requires the State to investigate unlawful killings and prosecute those responsible.

The report highlights the suspected murder of Musa Bah, a Senegalese national found dead in Bansang after leaving home with two people claiming to be relatives; the killing of Rueben Andrews, 63, who was found bound and strangled in Brufut Heights; and the fatal stabbing of 20‑year‑old Isatou Fatty, a forex bureau cashier in Brusubi. It also revisits the controversial death of Omar Badjie following an alleged police pursuit in September 2025, welcoming an ongoing coroner’s inquest and urging the police and Attorney General’s Chambers to ensure accountability.

The NHRC recommends the Gambia Police Force investigate all reported unlawful killings thoroughly and calls on the Ministry of Interior to bolster forensic capacity and personnel to improve criminal investigations.

Press freedom improving but legal risks remain

While praising gains in media freedom — noting Reporters Without Borders ranked The Gambia 58th in the 2025 World Press Freedom Index — the NHRC warns that several laws still threaten free expression. It flags provisions in the Information and Communications Act, 2009, and the Criminal Offences Act, 2025, including offences on false publication and insults to public officials, as potentially chilling speech.

The report cites incidents from the year such as the Information Minister’s meeting with newspaper editors over an Afrobarometer survey, the prosecution of West Coast Radio guest Abdoulie Sanyang, and reports of journalists being harassed while covering GALA protests.

Progress, but more reform needed

The NHRC concludes that although The Gambia has made notable strides since its democratic transition in 2017, legal reforms are still required to align the country’s laws with constitutional and international human rights standards — particularly on the right to life and freedom of expression.