38. Is there a ban on vote buying? - Gambia

Country: 
Gambia
Question: 
38. Is there a ban on vote buying?
Answer: 
Yes
Source: 

Bribery

117. (1) A person is guilty of bribery if he

(a) directly or indirectly, by himself or by any other person on his behalf, gives, lend agrees to give or lands, offers, promises, or promises to procure or endeavour to produce any money or valuable consideration to or for any other person in order to induce any person in order to induce any voter to vote or refrain from voting or does any such act on account of such voter having voted or refrained from voting at any election;

(b) directly or indirectly, by himself or by any other person on his behalf, gives or procures or agrees to give or procure or offers, promises or promises to procure or endeavour to procure any office, place or employment to or for any other person in order to induce any voter to vote or refrain from voting or does any such act on account of such voter having voted or refrained from voting at any election;

(c) directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement to or for any person in order to induce such person to procure or to endeavour to procure the return of any person at any election or the vote of any voter at any election;

(d) upon or in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages or promises or endeavours to procure the return of any person at any election or the vote of any voter at any election;

(e) advances or pays or causes to be advanced or paid any money to or for the use of any other person with the intent that such money, or any part thereof, shall be expended in bribery at any election or who knowingly pays or causes to be paid money wholly or in part expended in bribery at any election; 

(f) before or during any election, directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election; or

(g) after any election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any such election.

(2) The provisions of sub-section (1) shall not be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred concerning any election.

(Elections Decree, Decree 78 of 1996, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87126/98990/F1626110084/GMB87126.pdf accessed February 2018).