What Is the IEC and Why Does It Matter?

The Independent Electoral Commission (IEC) is a critical constitutional body in The Gambia, entrusted with the responsibility of conducting national elections, referenda, and ensuring the overall integrity of the electoral process. Its role is vital to the country’s democracy, as it ensures that elections are free, fair, and transparent.

The IEC helps safeguard the democratic rights of Gambians by overseeing the entire election process—from voter registration to certifying election results. Thus, the role of the IEC Chairman is of paramount importance in maintaining electoral credibility and public trust.

What Does the Constitution Say?

According to Section 42 of the 1997 Constitution of The Gambia, the President has the authority to appoint the IEC Chairman, but this appointment must be made in consultation with the Judicial Service Commission (JSC). The Constitution sets out the qualifications required for anyone to hold the position of IEC Chairman, which include:

• Being a Gambian citizen
  
• Having no political affiliation
  
• Possessing high integrity and experience in public service, law, or electoral processes
  

This ensures that the Chairman is an impartial, experienced individual capable of overseeing elections without political bias.

How Is the Chairman Appointed?

The appointment process for the IEC Chairman follows a specific procedure, which includes:

• Nomination by the President: The President identifies a suitable candidate for the role of IEC Chairman.
  
• Consultation with the Judicial Service Commission (JSC): Before finalizing the appointment, the President consults with the JSC to ensure the suitability of the nominee.
  
• Official Appointment by the President: Once the consultation is complete, the President formally appoints the individual as the IEC Chairman.
  

It’s important to note that there is no parliamentary vetting required for the IEC Chairman’s appointment. This lack of a parliamentary approval process has raised concerns from civil society groups and political parties, who believe that the absence of such a mechanism can lead to political influence and undermine the independence of the IEC.

Tenure and Responsibilities

The IEC Chairman serves a 7-year term, as stipulated by the Constitution. 

This term is renewable, meaning that the Chairman can serve for a maximum of two terms, amounting to 14 years if reappointed.

The Chairman’s responsibilities are numerous and include:

• Overseeing national elections: Ensuring that elections are held fairly, efficiently, and transparently.
  

• Voter registration and education: Managing the registration process and educating the public on voting procedures.
  
• Monitoring political parties’ compliance: Ensuring that political parties adhere to the Electoral Act and other relevant laws.
  
• Certifying election results: Officially confirming and announcing the results of elections and referendums.
  

Accountability and Independence

While the IEC is intended to be an independent body, the process of appointing the Chairman, which is entirely controlled by the executive branch, has raised calls for reform. Advocates for electoral transparency have called for:

• Involving the National Assembly in the confirmation of the IEC Chairman, which would allow for greater scrutiny and oversight.
  
• Making the process more participatory and transparent, ensuring that the public and relevant stakeholders have a say in who is appointed.
  

These reforms aim to increase public trust in the IEC and reduce any perceived political interference in the electoral process.

Why Is This Important?

The credibility of the IEC is directly tied to the public’s trust in the elections it oversees. If the appointment of the IEC Chairman is viewed as politically motivated or biased, it could lead to widespread distrust in the electoral process, undermining the legitimacy of elections and threatening national peace. Ensuring a transparent and fair appointment process is crucial to maintaining electoral integrity and fostering confidence in The Gambia’s democracy.

Recent Developments

Alieu Momar Njie was appointed as the IEC Chairman on April 7, 2016, his term ended in March 2025. Currently, The Gambia is without an IEC Chairman, and the nation is awaiting the appointment of his replacement. The position of Chairman of the IEC is of tremendous importance. The office is responsible for the conduct and declaration of the results of presidential elections. Therefore, those who occupy it should not be under the control of any person or authority, but the Constitution and other laws of The Gambia.

The Constitution allows the Chairman to serve a maximum of two terms of seven years each. However, the Constitution does not specify a mandatory timeframe within which the President must appoint a new IEC Chairman. While no formal deadline exists, it is expected that the appointment is made in a timely manner to ensure the smooth continuation of the IEC’s work. This process involves consultation with both the Judicial Service Commission and the Public Service Commission before the President makes the official appointment.

The appointment of the IEC Chairman is a crucial process that influences the integrity of elections and the functioning of the electoral system in The Gambia. 

However, there are several challenges that need to be addressed to ensure a fair, transparent, and independent process. These include the lack of clear timelines for appointments, potential political influence, the absence of public oversight, and delays in electoral preparations.

To strengthen the democratic process and improve public trust in elections, it is important that reforms be considered, such as involving the National Assembly in the confirmation process and making the consultation process with the Judicial Service Commission (JSC) more transparent and accountable. 

Such reforms would ensure that the IEC Chairman is appointed impartially and that the electoral system remains strong and credible in the eyes of the Gambian people.

Challenges Associated with the Appointment of a New IEC Chairman in The Gambia

The appointment of a new IEC Chairman is an important event in the country’s political landscape, as it directly impacts the integrity of elections and the overall functioning of the IEC. However, the process is not without its challenges.

One of the main challenges is the lack of clear timelines for the appointment process. While the Constitution mandates the President to consult with the Judicial Service Commission (JSC), there is no specified timeframe for this process, leading to potential delays that can hinder the smooth operation of upcoming elections.

 Additionally, the centralization of power in the President’s hands without parliamentary or public involvement raises concerns about potential political influence and partisanship, undermining the independence of the IEC. Finally, the consultation process itself lacks transparency, creating doubts about public involvement and accountability in the selection of the new Chairman.

As The Gambia heads to the polls in 2026, the question remains: who will be the chair of the IEC to oversee elections that are likely to be crucial for the country’s democracy?