The Supreme Court of The Gambia has ruled that it has jurisdiction to hear a high-profile legal challenge against the country’s ban on female genital mutilation (FGM), a decision that paves the way for a constitutional battle over the controversial practice.
The ruling followed a tense legal standoff between state prosecutors and lawyers representing a group of plaintiffs led by Almami Gibba, a National Assembly member for Foni Kansala. Gibba and seven others filed suit against the Clerk of the National Assembly and the Minister of Justice, seeking to overturn the 2015 amendment to the Women’s Act, which criminalised FGM.
The plaintiffs argue that the legislation banning FGM “is incompatible with” several provisions of the 1997 Constitution, including rights to equality, freedom of expression, cultural and religious practices, and family life. Their legal team, led by Counsel Lamin J. Darboe, contends that the law infringes on constitutional guarantees and should be struck down.
However, State Counsel Akawa, representing the defendants, challenged the court’s authority to hear the case. Citing Section 127(1)(a) of the Constitution and the precedent set in UDP v. Attorney General, Akawa maintained that jurisdiction rests with the High Court, not the Supreme Court. Akawa also questioned the plaintiffs’ legal standing, arguing that they had not demonstrated a direct personal stake in the matter.
