Justice Ebrima Jaiteh of The Gambia’s High Court has called on the National Assembly to reevaluate section 18(3) of the 1997 Constitution, which addresses the abolition of the death penalty.
The appeal came during the judge’s ruling in a murder case involving Famara Kanteh, who was convicted of killing Omar Ceesay by stabbing him with a knife on January 9, 2020, in Manjai Kunda.
While delivering the judgment, Justice Jaiteh noted that section 2 of the Constitution allows for the imposition and execution of the death penalty. However, President Adama Barrow introduced a moratorium on capital punishment in 2018 to honor The Gambia’s obligations under the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR).
The judge emphasized that without a decision from the National Assembly on whether to fully abolish the death penalty, courts are compelled to enforce it under current laws. As a result, Famara Kanteh was sentenced to death in accordance with section 250 of the Criminal Procedure Code.
Justice Jaiteh further highlighted that the Minister of Justice is responsible for issuing directives regarding the implementation of death sentences, as outlined in section 28(1) of the Criminal Code.
