By: Ismaila Sonko
Five-member panel of the Supreme Court in The Gambia, chaired by Chief Justice Hassan B. Jallow has presided over a civil lawsuit seeking for the reinforcement of President Adama Barrow’s revocation of Ya Kumba Jaiteh, a nominated National Assembly yesterday.
19 National Assembly members were present at the court out of 31 summoned. Recently Lamin K. Mboge and Ebrima Jallow filed a civil lawsuit against Hon. Jaiteh and thirty-one members of the National Assembly over the above issue.
They urged the court to uphold the revocation of her nomination as a National Assembly member and nullify the purported resolution passed by some National Assembly Members against the revocation.
Aziz Bensuda, defence lawyer for Ya Kumba urged the court to dismiss the civil suit, because it lacks moral ground.
He told the court no civil or criminal charges can be brought against any serving National Assembly member, adding that summoning large number of National Assembly members to court will affect their work at the assembly.
Counsel Bensuda cited Section 3 of the National Assembly Powers and Privileges Act which provides for immunity from legal proceedings.
Lamin L.K. Mboge, replied that: “We are seeking for the enforcement of the decision of the president to rescind the appointment of Ya kumba Jaiteh. The Executive Powers of President is enshrined in section 6 of the constitution and thus the president has the powers to appoint and rescind any appointment”
Case continue today, 14th March, 2019.