By Ismaila Sonko
Ya Kumba Jaiteh, a nominated member of the National Assembly whose nomination was revoked by the President, The National Assembly has challenged the decision in a civil suit before the Supreme Court of the Gambia yesterday.
President Adama Barrow, has revoked her nomination, and replaces her with Foday Gassama. However Kumba filed a civil case before the Supreme Court under Section 127 of the Constitution for a declaration that the President has no power to revoke the membership of a National Assembly member.
In this suit, the first defendant is the Clerk of the National Assembly Momodou Ceesay, the 2nd defendant is the Speaker of the National Assembly, Mariama Denton the 3rd defendant is Foday Gassama (the newly nominated member of the National Assembly) and the 4th defendant is the Attorney General Abubacarr Tambedou.
When the case was called before the Coram of the Supreme Court, Lawyers Bory S. Touray, Lamin L. Darboe, A. Aziz Bensouda, Momodou W. Jallow, Sherrif Kumba Jobe, and Amie Ceesay Jallow all represented the plaintiff whereas Binga D. and N. Jarju appeared for the Clerk of the National Assembly, the Speaker of the National Assembly and the Attorney General.
Lawyer Bory S. Touray, the lead Counsel for the Plaintiff told the Court that they have a pending motion dated on the 5th March 2019. He beseeched for the Court to treat is as a matter of urgency.
On his reply to the application, the Counsel for the Defendants, Binga D. told the court that he was served on the 8th March 2019 and he needs two days to reply on the said motion. His application was not objected by the plaintiff’s Counsels and the Court granted the application.
Lawyer Touray made an application for the Court to grant an interim order to restrain the National Assembly from swearing-in of the newly nominated member of the NA, Mr. Foday Gassama.
He urged the court to grant the application, for it is a matter of urgency; if not the motion could be taken over by events.
The case is adjourned till on the 14th of March 2019 at 9:30 am for hearing of the motion.
