The Supreme Court is set to rule on a lawsuit challenging the ban on female circumcision also known as female genital mutilation (FGM) this Wednesday, after the plaintiff lawyer requested more time to address the objection.

The request follows objections from state counsels, who argue that the Supreme Court does not have the jurisdiction to hear the case.

The lawsuit stems from a controversial private member’s bill introduced by Almameh Gibba, a member of the Foni Kansala constituency. The bill sought to overturn a 2015 ban on FGM, which was imposed during former President Yahya Jammeh’s regime. However, the bill was rejected by parliament amid divisions within the country.

After the bill’s rejection, Gibba and seven pro-FGM groups filed a lawsuit at the Supreme Court, asking the court to overturn the ban and legalise female circumcision. 

They want the court to declare the 2015 amendments unconstitutional, void Sections 32A and 32B, and reinstate the original Section 32 of the Women’s Act of 2010. 

They are also asking for a declaration that the National Assembly acted beyond its legislative authority in passing the amendments.

When the case was called, Senior Counsel Lamin J. Darboe announced his appearance for the plaintiffs, while State Counsel Wakawa represented the Attorney General and Minister of Justice.

State Counsel Wakawa raised a preliminary objection, stating that the Supreme Court does not have the jurisdiction to rule on matters relating to the interpretation or enforcement of Sections 17 to 33 of the Constitution, which cover fundamental human rights.

He argued that human rights issues fall under the exclusive jurisdiction of the High Court and called for the case to be dismissed with costs.

By Adama Makasuba