Claim: Information Minister Dr. Ismaila Ceesay said that a protest march to the Gambia State House could be interpreted as treason, which is punishable by death.
Verdict: DUBAWA’s review of the existing laws indicates that a peaceful march does not meet the elements of treason in Section 39 of the Criminal Offences Act 2025, and the section prescribes life imprisonment, not death. The minister’s wording was conditional, but it gave a wrong impression of the offence and its penalty.
Full Text
A 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 Sept. 6, 2026. The protesters reportedly lit candles at night to protest the power outage in Banjul. This act enraged the president, who called the demonstration a treasonable offence and warned Bah never to repeat it.
President Barrow was quoted as saying, “Just a few days back, one of the National Assembly Members for Banjul North gathered some kids together. I’m not sure if he offered them any cash, but they were out there lighting candles at night, staging a protest right outside the State House.
“Their reason for protesting? Banjul had been without electricity for nearly 24 hours. Having grown up in Banjul myself, I can tell you there were times when we went without power for a week or even a month, and nobody ever protested.
“So, to rally kids aged 10 to 16 to march to the State House—that’s a serious offence, bordering on treason, especially since they made their way toward such a significant place.”
He added that if the protest had been staged under former President Jammeh, the protesters and the National Assembly Member would have faced serious consequences. “I am sending a clear warning to him, and this is the final one. If he tries this again, he’ll regret it deeply, because if he does, we’ll handle it in a way that he won’t forget, even if it costs him his life,” he said.
Subsequently, a video surfaced online showing Information Minister Dr Ismaila Ceesay supporting the president’s stance, claiming the protest was an act of treason, which is punishable by death under the law.
The claim surfaced during an interview on West Coast Radio’s “Coffee Time with Peter Gomez” on Oct. 20, 2026, which was later uploaded to the station’s YouTube Channel. It attracted thousands of viewers and sparked a discussion among listeners.
From 37:01 to 38:10 in the recording, Ceesay said: “That could be interpreted as you wanting to commit treason, which is not acceptable, and treason in this country is punishable by death.”
The clip prompted 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.
Because the claim could mislead, DUBAWA investigated.
Verification
DUBAWA reviewed the Criminal Offences Act 2025, the 1997 Constitution, and the Public Order Act, which clearly state that treason is not punishable by death.
Section 39 of the Criminal Offences Act 2025 defines treason. A person commits the offence if they:
- prepare or endeavour to overthrow the Government by unlawful means;
- prepare or endeavour to procure by force any alteration of the law or the policies of Government;
- prepare or endeavour to carry out by force an enterprise that usurps the executive power of the State;
- incite or assist an armed invasion or attack on The Gambia;
- in time of war, assist the enemy;
- cause or attempt to cause the death of a member of the Government or another citizen to secure the Government’s overthrow or to coerce citizens;
- by violent or other unlawful means, suspend, overthrow or abrogate the Constitution or any part of it, or attempt to; or
- conspire with others to do any of the above.
The section does not provide for the death penalty.
The 1997 Constitution of The Gambia defines treason under Section 6 (I) as;
(a) by himself or herself or in concert with others, by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act, or
(b) aids and abets in any manner any person referred to in paragraph (a) commits the offence of treason and shall, on conviction, be liable to the penalty prescribed by an Act of the National Assembly for that offence.
Upon conviction, a person guilty of treason is liable to whatever penalty the National Assembly prescribes by law.
Section 5 of the Public Order Act of the Gambia says anyone who wishes to hold a public procession must seek permission from a lawful authority, particularly the Inspector General of Police. However, violating the Act attracts a prison term of three years.
The sections of the Constitution reviewed so far point to offences involving overthrowing the Government, forcing a change in law or policy, usurping executive power, armed attack, aiding an enemy, killing, or conspiring to do these things. None of them covers a peaceful, unarmed march or protest on its own. However, a march with evidence of intent to overthrow the Government by unlawful means could fall within the offence.
Legal practitioner Junkung Jobarteh told DUBAWA: “Marching to the State House is not treason… For treason there must be conspiracy and intent to overthrow the government.”
DUBAWA notes that the statute is broader than a requirement of armed force, since several limbs refer to “unlawful means”. So a march accompanied by evidence of intent to overthrow the Government by unlawful means could fall within the offence. A peaceful, unarmed march to present grievances does not.
A Gambian commentator, former soldier, and political analyst Sulayman Ben Suwareh disputed the minister’s interpretation. He pointed to Section 25(1)(d) of the Constitution, which protects the right to assemble peaceably and without arms.
Section 39 of the Criminal Offences Act 2025 says a person who commits treason “is liable on conviction to imprisonment for life.” The section does not prescribe death. The Constitution leaves the penalty for treason to an Act of the National Assembly.
Conclusion
The claim 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. It prescribes life imprisonment, not death.
A peaceful, unarmed march does not meet those elements on its own, and the right to assemble peaceably is protected by Section 25(1)(d) of the Constitution.