British-Gambian lawyer Ousman F. M’Bai says he will proceed to file a constitutional petition against The Gambia’s Ministry of Petroleum and Energy, the Petroleum Commission, and the Attorney General after they failed to respond to his Pre-Action Letter challenging the 2023 Block Demarcation Regulation that redrew the A2 offshore boundary near Senegal’s Sangomar field.
The letter, dated 18 August 2025, gave the authorities 14 days to provide the legal and technical basis for the boundary change. It cites independent findings of a 1.1-kilometre shift in A2 and raises concerns about constitutionality and The Gambia’s sovereign resource rights. With no reply recorded to date, Mr M’Bai says filing the case at the High Court and, if necessary, the Supreme Court, is the next step he set out in the notice.
Context for Readers
Mr M’Bai has previously petitioned ECOWAS over the same boundary issue and has pressed for transparency on whether reservoirs linked to Senegal’s producing Sangomar field extend into Gambian waters. He argues the 2023 regulation reduced The Gambia’s offshore acreage without clear public explanation or parliamentary oversight, and he points to recent industry analysis confirming a measurable shift of A2’s northern boundary.
Public Statement for Disclosure
Press Statement
Public Disclosure of Pre-Action Letter on the Redrawing of The Gambia’s A2 Offshore Boundary
For Immediate Release
Date: 23 October 2025
On 18 August 2025, Mr Ousman F. M’Bai served a Pre-Action Letter on the Ministry of Petroleum, the Gambia Petroleum Commission, and the Attorney General’s Chambers in the name of every Gambian, concerning the redrawing of the A2 boundary and related regulatory acts.
As no acknowledgement or response has been received to date, the public is entitled to be informed of the issues raised and to see that they are fully ventilated before a court of law.
In the interests of transparency, accountability, and good governance, the full text of the Pre-Action Letter is today being published below.
The letter sets out serious procedural and substantive concerns regarding:
The 2019 Licence Agreement governing Blocks A2 and A5;
The 2023 Block Demarcation Regulations;
The redrawing of the A2 boundary, which appeared to diminish The Gambia’s offshore acreage adjacent to Senegal’s Sangomar field; and
The absence of timely public disclosure, oversight, or corrective action by the relevant authorities.
Every Gambian deserves to know the full reasons why the A2 boundary was redrawn in secrecy. This matter goes to the heart of the national interest and the integrity of The Gambia’s resource-governance framework.
Mr M’Bai’s objective remains clear: to uphold transparency, ensure adherence to the rule of law, and protect The Gambia’s sovereign resource rights.
Full Pre-Action Letter
Office of Ousman F. M’Bai
Fana Fana Chambers, P.O. Box 990, Banjul, The Gambia
To:
The Honourable Minister of Petroleum and Energy
The Director-General, Petroleum Commission of The Gambia
Ministry of Petroleum and Energy, Petroleum House, Brusubi Roundabout, The Gambia
Cc: The Honourable Attorney General and Minister of Justice
Our Ref: OFM/18/08/25/Pre-Action/Letter 1
Date: 18 August 2025
Re: Pre-Action Notice – Block Demarcation Regulation 2023
Dear Mr Minister,
I write in accordance with established principles of natural justice and in anticipation of initiating proceedings in the High Court of The Gambia.
On 29 July 2025, I submitted a petition to the ECOWAS Commission concerning the re-demarcation of The Gambia’s offshore petroleum blocks, particularly the northern boundary adjustment of Block A2, as effected under the Petroleum (Exploration, Development and Production) Act Block Demarcation Regulation 2023. This regulation has materially altered the delineation of The Gambia’s continental shelf and has raised grave constitutional, legal, and sovereign concerns.
The recent GeoExPro (Issue 4, 2025) publication independently confirms a 1.1-kilometre shift in the A2 northern boundary. This finding amplifies questions regarding:
The legal authority under which the Regulation was promulgated;
The technical and geological justification for such an adjustment;
The extent to which the Regulation is consistent with The Gambia’s Constitution, including the sovereign right of the Gambian people to natural resources; and
The compatibility of the Regulation with The Gambia’s obligations under international law, particularly the principle of unitisation in respect of transboundary petroleum reservoirs.
In the absence of full and transparent disclosure, the Regulation appears to constitute an unconstitutional diminution of The Gambia’s sovereign natural resources, adopted without due process or lawful justification.
Misleading and Defective Title
The instrument is styled as the Petroleum (Exploration, Development and Production) Act Block Demarcation Regulation 2023. This is inherently misleading and defective in law. An instrument must be either an Act of Parliament or a Regulation. It cannot be both. By including the word Act in its title, whilst purporting to operate as a Regulation, the instrument introduces ambiguity as to its true legal character and authority. This ambiguity offends the constitutional principles of legality, clarity, and certainty in law-making. To the extent that the Regulation purports to exercise powers properly reserved to Parliament under primary legislation, it is ultra vires and void.
Demand for Clarification
Accordingly, I hereby require the Government of The Gambia, through the addressees of this letter, to provide within 14 days of receipt:
A technical report and evidential basis supporting the redrawing of the A2 northern boundary;
The legislative and regulatory process by which the Regulation was introduced, including parliamentary debates, if any; and
An explanation of how the Regulation is consistent with the Constitution of The Gambia and with The Gambia’s international obligations.
Notice of Intended Proceedings
If this request is not substantively answered within the 14-day period, I shall proceed to file a constitutional petition before the High Court of The Gambia seeking:
A declaratory order that the Block Demarcation Regulation 2023 is unconstitutional, unlawful, and of no legal effect; and
Such further relief as the Court deems just, including costs.
For the avoidance of doubt, a failure to respond, or a response that does not adequately address the matters set out above, will be treated as confirmation that the Regulation lacks lawful or technical justification.
Publication
Given the profound public interest in the sovereignty and integrity of The Gambia’s natural resources, this letter will be published if no adequate reply is received within the prescribed period.
All correspondence in response to this letter must be sent to me at the email address below.
Yours sincerely,
Ousman F. M’Bai
Conclusion
Mr M’Bai’s move marks a significant escalation in his campaign for accountability over The Gambia’s offshore oil resources. With the 14-day deadline expired and no government response received, the case is now expected to test the legality of the 2023 boundary changes and their implications for national sovereignty. His office maintains that the goal is not confrontation, but the preservation of The Gambia’s lawful and transparent management of its natural wealth.
British-Gambian lawyer Ousman F. M’Bai says he will proceed to file a constitutional petition against The Gambia’s Ministry of Petroleum and Energy, the Petroleum Commission, and the Attorney General after they failed to respond to his Pre-Action Letter challenging the 2023 Block Demarcation Regulation that redrew the A2 offshore boundary near Senegal’s Sangomar field. The The Fatu Network
