14/05/2026
PASSING THE BUCK ON ELECTORAL JUSTICE.
The integrity of a democracy does not just rely on the ballots cast; it hinges entirely on how strictly the rules governing those ballots are enforced. This week, a statement by the Head of Police Prosecutions and Legal Affairs, Commissioner Abdoulie Sanneh, has raised serious legal and constitutional warning bells. Sanneh asserted that the police can only act on election-related offenses if they are formally reported by the Independent Electoral Commission (IEC).
With all due respect to the Commissioner’s office, this is a dangerous misinterpretation of the law that risks creating a culture of total impunity during our electoral cycles.
The Flaw in the "Custodian" Argument
While it is legally true that the IEC is the administrative custodian of the Elections Act, they do not hold a monopoly over criminal law enforcement. Election-related offenses—such as voter bribery, physical intimidation, identity fraud, and the destruction of campaign property—are not mere administrative errors. They are criminal infractions that fall squarely under the jurisdiction of the state’s penal system.
To suggest that a police officer at a polling station must stand by and watch an offense occur, waiting for a formal letter from the IEC before taking action, turns law enforcement into passive spectators.
The Statutory Duty of the Police
Under Section 4 of the Police Act, the Gambia Police Force has a permanent, proactive, and unyielding statutory obligation to prevent, detect, and investigate all crimes. This constitutional mandate cannot be paused or outsourced to an administrative body like the IEC during an election year. The IEC simply does not possess the forensic tools, investigative machinery, or street-level manpower to process thousands of real-time criminal acts.
The Consequence of Bureaucratic Delay
If we accept this restrictive protocol, we invite bureaucratic paralysis. An election offense committed on Monday could take weeks to be processed by the IEC, reported to headquarters, and handed back to the police. By then, the damage to the electoral process is already done, the evidence is gone, and the public trust is shattered.
True electoral justice requires a proactive partnership, not a game of passing the buck. The IEC must regulate the ballot box, but the police must aggressively enforce the law.
CHALLENGE THE NARRATIVE: 🏛️⚖️
Should the police be allowed to wait for an administrative green light to fight crime, or must they act immediately to protect the rights of voters?.
Let’s talk about the rule of law in the comments below. 👇
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