Claim
“When I was Minister of Justice, we brought in the dual citizenship law, and we also brought in the Supreme Court.”
The statement was made by former Attorney General and Minister of Justice Joseph Henry Joof on Saturday, 7 November 2026, while speaking to journalists after submitting his presidential nomination documents to the Independent Electoral Commission (IEC).
Source: Joseph Henry Joof
Verdict: Partially True
Dual citizenship was brought through a constitutional amendment in 2001, during Joof’s tenure as Attorney General. However, the Supreme Court was inaugurated in December 1999 and began operations that year, before he became Attorney General in 2001.
Full Text
Former Attorney General and Minister of Justice Joseph Henry Joof made the claim on Saturday, 7 November 2026, while speaking to journalists after submitting his presidential nomination documents to the Independent Electoral Commission (IEC).
Joof cited his contributions to the country’s legal and institutional development, including legislation on dual citizenship and the bringinging of the Supreme Court, as evidence of his record in public service.
Joseph Henry Joof was appointed Attorney General and Minister of Justice in January 2001, according to JusticeInfo.net. The Constitution (Amendment) Act, 2001, was subsequently passed by the National Assembly on 15 May 2001 and assented to by the President on 25 May 2001. This confirms that the dual citizenship amendment was enacted during Joof’s tenure.
To establish the accuracy of his claim, we examined the 1997 Constitution of The Gambia, the Constitution (Amendment) Act, 2001, the Supreme Court judgment in Jammeh v Attorney General, and historical records from the United States Department of State.
Verification
1. Dual citizenship was introduced during Joof’s tenure
Documentary evidence supports this aspect of the claim.
The 1997 Constitution initially restricted the retention of another country’s citizenship by certain categories of Gambian citizens, particularly those seeking naturalisation.
However, this position changed following the passage of the Constitution of the Republic of The Gambia, 1997 (Amendment) Act, 2001 (Act No. 6 of 2001).
The amendment introduced Section 12A, which expressly recognises dual citizenship and allows a Gambian citizen who acquires the citizenship of another country to retain Gambian citizenship.
Section 12A(1) states:
“A Citizen of The Gambia who acquires the Citizenship of another Country may, if he or she so desires, retain his or her citizenship of The Gambia.”
According to the Supreme Court judgment in Jammeh v Attorney General (2001), the amendment was passed by the National Assembly on 15 May 2001 and assented to by the President on 25 May 2001.
At the time, Joseph Henry Joof was serving as Attorney General and Minister of Justice.
The Supreme Court examined the constitutionality of the 2001 amendment and declared two specific provisions unconstitutional. However, it ruled that those provisions were severable from the remaining amendments, allowing the other provisions to stand.
The dual citizenship amendment was not among the provisions invalidated by the court.
This confirms that the constitutional amendment introducing dual citizenship was enacted during Joof’s tenure.
2. The Supreme Court was already operational before Joof became Attorney General
Historical records contradict the suggestion that the Supreme Court was brought during Joof’s tenure.
The 1997 Constitution, which came into force on 16 January 1997, provided for the establishment of a Supreme Court within 18 months.
Under Section 125, the Supreme Court was to comprise a Chief Justice and at least four other Justices. Section 126 established its position as the country’s final court of appeal.
Although the constitutional framework was established in 1997, historical records show that the Supreme Court was inaugurated in December 1999.
The United States Department of State’s 1999 Human Rights Report on The Gambia states:
“The new Supreme Court was inaugurated in December, and a full complement of judges and a Chief Justice were appointed.”
The report further notes that appeals to the Privy Council ceased following the inauguration of the Supreme Court.
Additionally, the US Department of State’s 2000 Human Rights Report explicitly states that the country’s judicial system included a Supreme Court, which began operations in 1999.
These records establish that the Supreme Court was not only provided for in the Constitution before Joof’s tenure but had also commenced operations by 1999.
Conclusion
The claim by Joseph Henry Joof is partially true
The 2001 constitutional amendment introducing dual citizenship was enacted during his tenure as Attorney General and Minister of Justice. However, the Supreme Court was already provided for under the 1997 Constitution, which came into force before his appointment.
Although the Supreme Court was already operational before Joof’s appointment, the 2001 constitutional amendment did make changes to provisions governing the Court. In paragraph 34 of its judgment in Jammeh v Attorney-General, the Supreme Court identified Section 125, which deals with the composition of the Supreme Court, among the provisions amended by Act No. 6 of 2001. This shows that the amendment addressed the composition of an existing institution; it did not establish the Supreme Court.
The distinction is that Joof’s tenure coincided with the introduction of dual citizenship and amendments to the Supreme Court’s constitutional framework, not the original establishment of the Supreme Court.
By Ebrima Mbaye
