Book Title:The Constitutional Law of The Gambia, 1965-2010 
                                 AuthorHouse Publishing Bloomington
Indiana, USA.
                                                            377
pages
        
 
                Author:     Ousman A S Jammeh
 
 
                                             Review
by Lamin J Darbo
 
To a request from a potential buyer for
a concise summation of The Constitutional Law of The Gambia,
I responded that the book combines a historical and current account of our
republican constitutional law and jurisprudence interspersed with a passionate
articulation for executive restraint within the rule of law if we are to stand
any chance of maintaining sustained ‘peace’ and uplifting The Gambia’s
political economy.
 
In this seminal work, Ousman A S Jammeh
– ‘Master’ as popularly known in
legal circles - provides the first systematic general survey of the
constitutional landscape of The Gambia with particular focus on the republican
period from 1970. Granted an argument may be advanced that discussing the 1970
Constitution is of no practical significance considering its suspension in 1994
and wholesale abrogation in 1997. 
 
It is nevertheless incontestable that
the 1970 Constitution provides useful comparative material with the second
republican constitution that came into effect in January 1997. In light of the
underlying justifications for forceful governmental change in 1994, the
jurisprudential backdrop of rights enshrined in the 1970 and 1994 cardinal
documents of Gambian governance is significant if only to better inform
ourselves of comparative judicial vibrancy under the two dispensations.
Although Master provides the principal raw material for reaching a judgement on
the issue in Chapter 4, First Republican
Constitution 1970-1994, and Chapter 5, The
Second Republican Constitution -1997, the question and its discussion is
diffused throughout this excellent work. 
 
A corollary determination and readers
are invited, albeit without explicit statement, to reach their own judgements
on the significant question of whether a constitution can effectively function
outside the contours of a prevailing dominant political culture. Stated
differently, can a constitution’s beauty alone suffice in ensuring a beautiful,
i.e., democratic and accountable political dispensation. Answering this
question necessarily entail a comparative analysis of the cultural perspectives
of the apex leadership in Gambia’s first and second republican dispensations vis-a-vis the thorny issue of
subjugating transient executive power to the majestic glory of transparent an
accountable law.  
 
The Constitutional Law of The Gambiais
not a mere regurgitation of provisions enshrined in the governing instruments
of 1970, and 1997, but a compelling and authoritative discussion of generally
accepted legal principles and how they are implemented, not only in The Gambia,
but in other parts of the common law world. The architecture of these broad
principles, discussed in Chapter 2,
Foundational Principles of Constitutionalism, clearly demonstrates Master’s
enviable appreciation of such finer principles of constitutionalism as the
separation of powers, the role of the judiciary, and the supremacy of the
philosophical tenet that promotes the  subjecting of power to the control of law.  
 
Indeed, it is in this chapter that
Master demonstrates his nuanced understanding of constitutional law and
jurisprudence not only in pre-eminent domestic rule of law jurisdictions like
the United States and the United Kingdom, but also in culturally nearer
“emerging” countries like South Africa, Mauritius, Ghana, Botswana, Nigeria,
Kenya, and Zambia (p. 15). Master effortlessly discusses cases decided by
American jurists in the mould of Justice Marshall, the first Chief Justice of
the US Supreme Court - and some of their sublime legal principles that stood
the test of centuries of rigorous ventilation - as he is at home discussing
some of Gambia’s critical constitutional cases over the decades spanning its
first and second republics. But there must exist an enabling political
environment!
 
In analysing a Marshall pronouncement,
Master contends, at page 15:
 
When reduced to its barest
proposition, a constitution is like a deed of trust, 
between each citizen, with public
power entrusted in the trustees charged with
exercising it on behalf of, and
in the general interest of the citizenry. As such, this 
trust is either lawfully  and justly discharged, or abused in breach of
trust. Between 
the two options, there  is no middle ground. The experience in Africa
tends to obscure 
this proposition through
declarations of adherence to the rule by law, instead of the 
rule of law, whereby weak institutions shield formal constitutional authority, through 
legal formalism, but
which in reality is at variance with every acceptable norm 
and fundamentals of
constitutional trusteeship.
 
In Chapters 6, 7, and 8, Master
discusses the respective constitutional roles allocated to the Executive,
Legislative, and Judicial arms of The Gambia government. Although material
herein may be accessed by consulting the actual text of the 1997 Constitution,
an astute professional’s explanatory and user-friendly analysis comes in quite
handy. Master fulfils that role spectacularly, particularly in the case of
constitutional stipulations dealing with the Legislature, and Judiciary.
Indeed, he exhaustively treats the legislative process from conception in the
policy councils of a pertinent ministry, through the office of the parliamentary
counsel in the Attorney General’s Chambers, to eventual enactment by the
National Assembly with the required assent of the President (pp. 153-161). 
 
Master highlights that it is not unknown
for the National Assembly to act in excess of its legal powers but because of
the “weak institutions” earlier mentioned, laws are still on the books,
including in the Constitution, notwithstanding judicial decisions invalidating
them. A good example is Kemeseng Jammeh, No 2, entailing
“the amendment of an entrenched [constitutional] provision without a
referendum” (see p. 162). Again, without an accountable political system, a
constitution, no matter its exquisite crafting in letter and spirit, cannot
protect the rights of the individual. All government needs to do is ignore
judicial decisions adverse to its short term interests. An exemplification is Kemeseng
Jammeh, No 2!
 
Chapters 9, 10 and 11 are of particular
significance in that they deal with the various mechanisms for enforcing the
1997 Constitution. Here again, Master draws from a wide range of sources to
articulate a reasoned case for enforcement of constitutional rights in the
courts. Overall, there is no denying that the quality of the jurisprudence on
difficult if straightforward constitutional disputes is varied, and the reader
is again invited to comb through the decided cases for a view on where to root
the likely causes of differential judicial attitudes to constitutional rights
in the courts. 
 
 
 
As the consummate scholar, and without
emotion, Master provides a clue:
 
Whatever perspective or
predisposition one may have about the ideals of 
Constitutionalism, and by
extension the rule of law, it is important to realise that 
Constitutions are designed to
endure with time if not to outlive generations yet unborn. 
The legal basis for a
Constitution is to establish a foundational law on which existing 
and future laws receive validity.
One undeniable merit of an enduring constitution is 
one that ensures among other
things, certainty, consistency, continuity and a degree 
of permanence. Invariably, these
attributes have proven over time that the founding 
fathers of the United States
including the indefatigable Federalists and the 
anti-Federalists, are indeed
selfless and inspired visionaries.(pp 348-349)
 
The Constitutional Law of The Gambiais a
book for all active participants in the ventilation of issues of public
concern. Although of practical significance to practitioners and students of
law, it is quite useful for politicians, journalism professionals, civil
society, and other observers and commentators on the political economy
 
I wholeheartedly commend The
Constitutional Law of The Gambia to all who are concerned in, and with,
public affairs in our country. Master’s professionalism ensured a
well-researched, well written, and well argued work.
 
The book is available online from the
publishers AuthorHouse USA/UK;
Amazon.com, and at Timbuktu Bookshop, at Garba Jahumpha Road, in The Gambia. 
 
 
Lamin J Darbo
 
 
 
About
Ousman A S Jammeh
 
Ousman Jammeh was born in Bakau, in the Kombo Saint
Mary's Municipality of The Gambia in 1963. He attended primary and secondary
Schools in The Gambia, before joining the Gambian Judiciary, in 1984. He
attended Universities in Guyana, Malaysia, and Barbados, West Indies. He is a
member of The Gambia Bar and a foundation member of the National Council for
Law Reporting. He also served as Secretary to The Gambia Law Foundation, and the
Judicial Service Commission, as well as a part-time tutor in Para-legal studies
at The Gambia Technical Training Institute, GTTI. He was a stipendiary
Magistrate, Master and Registrar of the Supreme Court, and of the High Court of
The Gambia, from 1994 to 2001. He practiced law in The Gambia, as Senior
Partner, with Temple Legal Practitioners, TLP, from 2002 to 2005. He joined the
United Nations International Criminal Tribunal for Rwanda, in Tanzania, in
2005. He is married to Madame Fatou Marenah - Jammeh, and they have three
children.

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