A recent video circulating on social media shows President Adama Barrow warning Banjul North lawmaker, Modou-Lamin Bah, to back off from protesting near the State House. Bah had participated in a youth-led protest outside State House on September 6, 2026, where protesters lit candles at night to protest a power outage in Banjul. President Barrow called the demonstration a treasonable offence and warned Bah never to repeat it.
Information Minister Dr. Ismaila Ceesay supported the president's stance, claiming the protest was an act of treason, which is punishable by death under the law. This claim was made during an interview on West Coast Radio's "Coffee Time with Peter Gomez" on October 20, 2026. The statement sparked a public debate about what Gambian law says on treason, its penalty, and whether a peaceful march to the State House could be classed as treason.
A review of the Criminal Offences Act 2025, the 1997 Constitution, and the Public Order Act by DUBAWA indicates that treason is not punishable by death. Section 39 of the Criminal Offences Act 2025 defines treason and prescribes life imprisonment, not death. The section outlines several elements of treason, including preparing or endeavouring to overthrow the Government by unlawful means, or inciting or assisting an armed invasion or attack on The Gambia.
The 1997 Constitution of The Gambia defines treason under Section 6 (I) and states that a person guilty of treason is liable to a penalty prescribed by an Act of the National Assembly for that offence. Section 5 of the Public Order Act of The Gambia requires anyone who wishes to hold a public procession to seek permission from a lawful authority, particularly the Inspector General of Police. Violating the Act attracts a prison term of three years.
Legal practitioner Junkung Jobarteh stated that marching to the State House is not treason, as treason requires conspiracy and intent to overthrow the government. A Gambian commentator, former soldier, and political analyst Sulayman Ben Suwareh disputed the minister's interpretation, pointing to Section 25 (1)(d) of the Constitution, which protects the right to assemble peaceably and without arms.
DUBAWA notes that the statute is broader than a requirement of armed force, as several limbs refer to "unlawful means". A peaceful, unarmed march to present grievances does not meet the elements of treason on its own. However, a march with evidence of intent to overthrow the Government by unlawful means could fall within the offence.
In conclusion, the claim that a peaceful march to the State House could be interpreted as treason, punishable by death, is misleading. Under Section 39 of the Criminal Offences Act 2025, treason concerns overthrowing the Government, forcing changes of law or policy, armed attack, aiding an enemy, killing, or conspiring to do these things, and prescribes life imprisonment, not death.
Key points
- A peaceful, unarmed march does not meet the elements of treason under Section 39 of the Criminal Offences Act 2025.
- The right to assemble peaceably is protected by Section 25(1)(d) of the Constitution.
- Treason in The Gambia is punishable by life imprisonment, not death.
