By: Ismaila Sonko & Maria Lopes
Hon: Samba Jallow, Minority leader has said that the resolution read by the Majority Leader, Kebba K. Barrow of the National Assembly after the end of the All-party caucus meeting held at the National Assembly complex on Monday was not binding and does not necessarily represents the decision of the Assembly in Chambers.
On 25 February, 2019, Ebrima O. Camara, Secretary General and Head of the Civil Service wrote and dispatched a letter to dismiss Ya Kumba Jaiteh, a nominated member of the National Assembly informing her the executive decision revoking her nomination as National Assembly member which takes immediate effect.
However, 31 members of the National Assembly held an emergency caucus meeting on Monday over the issue; they came up with a resolution read by Majority Leader, Hon. Kebba KK Barrow that they will not recognize the dismissal of nominated member, Ya Kumba Jaiteh.
Hon Samba Jallow, member for Niamina Dankunku Tuesday explained to member of the press in his office at the National Assembly, Banjul that if the resolution was intended to have the backing of the National Assembly member it should have been drafted in proper motion form submitted to the Clerk of the National Assembly in order to include it in the business of the assembly for the forthcoming session scheduled for March 2019.
“However, the effect of such kind of a motion is limited because the issue at hand is about a constitutional provision which has a competent authority to deal with,” he added.
Hon. Jallow noted that all the National Assembly members have the power to request for an Extra-Ordinary Sitting of the National Assembly to discuss urgent matters and such sitting has to be convened within seven days after but “this was not done!”
“On the legality of the Act, precisely, Section 127(1) (a) of the 1997 Constitution provides that the Supreme Court has the exclusive original jurisdiction for the interpretation or enforcement of any provision of the Constitution,” he explained.
According to him, he and his colleagues, their position at the caucus meeting was for them to seek legal advice or opinion from the Attorney General Chambers thereafter they will know the next line of action to be taken as a National Assembly.
The Minority Leader stressed that on the record the resolution made at the All-party caucus meeting on Monday is not binding and does not represent the decision of the Assembly in Chambers.
He further explained that the circulated signature list of 31 Honorable members does not stand or suffice as a support of or an agreement to the said resolution “because it was a mere attendance list for those who attended the All-party caucus meeting.”
He went further that there were different views at the All-party caucus and there is need to reflect on them as they are to seek for legal opinion on the matter and to follow due procedure.
Honorable Jallow reiterated that the name of an All-party caucus of the National Assembly is not an official thing but normally it is an informal forum of all parties in the Assembly to discuss pertinent issue to reach a consensus among themselves on a matter before an official proceeding or sitting of the Assembly for consideration and approval.