Africa-Press – Gambia. The Secretary General of the Gambia Bar Association (GBA), Abdoulie Fatty, has declared that the newly enacted Criminal Offences Act and Criminal Procedure Act, 2025 significantly surpass the legal codes of the First and Second Republics, offering a framework that better aligns with Gambia’s current democratic context.
In an interview with The Voice, Fatty noted that Gambia’s original Criminal Code was introduced by British colonial authorities in 1933 and came into force in 1934. He explained that the law, both in content and intent, was designed to control the population governed by the British at the time.
Fatty added that from 1994 to 2016, the Criminal Code underwent several amendments under the Jammeh regime. These changes, he said, were made to maintain authoritarian control and suppress the population. “The amendments were intended to sustain the Jammeh regime by suppressing people and having control over the masses,” he said.
Following Jammeh’s defeat, Fatty said it became necessary to review and revise the Criminal Code, which originated from colonial rule and was reshaped to serve an oppressive regime. “It is important we have a new law that reflects our new circumstances, aspirations, and realities,” he stated.
He described the new laws as part of a broader legislative reform effort, crafted to reflect the present realities of the Gambian people. According to him, Gambia’s status as a republic with a functioning democratic system necessitated the overhaul of the criminal justice framework.
“It is important the nation has laws that reflect our circumstances today, rather than how our colonialists envisaged we ought to be governed,” he said.
Fatty emphasized that the revised criminal laws meet international standards and reflect global best practices. As an example, he cited key changes in sentencing under the 1934 Criminal Code, murder was punishable by death and manslaughter carried a life sentence, though judges could exercise discretion. Under the Criminal Offences Act, 2025, the penalty for murder is life imprisonment, while manslaughter carries a 10year sentence
Fatty also recalled that in 1993, the Jawara government passed a decree abolishing the death penalty in Parliament. However, in 1995, the Jammeh regime reinstated it under the Gambia Armed Forces Act. “Not only murder but certain treasonous acts attract the death penalty,” he said.
He further stated that under the Jammeh regime, judicial officers were arrested, prosecuted, and imprisoned for decisions made in court. He emphasized that the revised laws now protect judicial officers from political interference. However, he clarified that these protections are not absolute: they do not grant blanket immunity, and judicial officers remain liable for any criminal offenses they may commit.
For More News And Analysis About Gambia Follow Africa-Press
