The Gambia Supreme Court has ruled that Gambians in the diaspora are entitled to vote in all elections and referendums. 

The court in its landmark ruling declares that pursuant to section 39 of the Constitution, “every Gambian, including those residing outside the jurisdiction is entitled to be registered and to vote in election to the offices of the president, members of the National Assembly, for local government offices and traditional rulers as well as in referenda.”

The court made an order directing the Independent Electoral Commission (IEC) to register Gambians in the diaspora to participate in the electoral process.  

The Supreme Court ruled that the IEC should accept responsibility for ensuring that the provisions of section 39 of the Constitution are adhered to and its obligations under section 11 of the Elections Act. 

It also declared that section 17 of the Elections (Amendment) Act 2015 was not made in excess of the legislative authority.

The Court said that the other amendments to section 105 of the Elections (Amendment) Act 2015 were made within the powers of the National Assembly under section 60 (3) of the 1997 Constitution.

The case was brought by prominent Gambian politicians and activists including Bakary Bunja Dabo, Cherno M.N’jie, Pa Samba Sadaga Jow, Jeggan Grey Johnson and Sidi Muhammed Sanneh.