THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS & INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA Section 5 of the Public Order Act is illegal and unconstitutional as it violated Section 25(1) (d) and Section 25(2) of the Constitution. The plaintiffs were also seeking from the Court to declare that Section 5 of the Public Order Act which requires permit or any other authority for the convening or holding of public procession in any part of The Gambia is illegal, unconstitutional and made in excess of legislative authority having regard to Section 25 of the Constitution of The Gambia. In 2017, the Supreme Court ruled that the provisions under Section 25, guarantees freedom of speech, conscience, assembly, association and movement and the restrictions provided under the POA are constitutional. The court also held that the Act was placed reasonably justifiable restrictions under the Constitution necessary in a democratic society. Since the current Government took office, some applications for peaceful assembly and protests have been made granted under the Public Order Act. ARTICLE 12: RIGHT TO FREEDOM OF MOVEMENT AND RESIDENCE WITHIN THE BORDERS OF THE GAMBIA 1. Constitutional and Legislative measures Section 25 (2) of the Constitution, guarantees the right of all persons lawfully in the country to move freely throughout The Gambia, to choose their place of residence within the country and to leave The Gambia. Section 25 (3) of the Constitution guarantees the rights of every citizen of The Gambia to return to the country and Section 25 (4) of the Constitution imposes reasonable restrictions necessary in a democratic society. The Gambia Nationality and Citizenship Act makes provision for the acquisition of citizenship by registration in certain cases, regulate the manner and circumstances in which non-Gambians may be naturalised as citizens of The Gambia and Gambian citizens may renounce or be deprived of their citizenship. Section 16 of the Act provides the right of appeal to the High Court for persons whose identity card has been refused. Section 4 of the Act provides for the registration of minors as citizens providing that ‘the Minister may cause the minor child of a person registered as a citizen of The Gambia upon application made in the prescribed manner by a parent or guardian of the Child.’ The Act further states that ‘the Minister in such special circumstances as he or she thinks fit, may cause a minor to be registered as a citizen of The Gambia.’ 56