By: Ismaila Sonko
The Five member panel of the Gambia Supreme Court, led by the Chief Justice, Hassan Jallow is expected to deliver a ruling on Ya Kumba Jaiteh lawsuit against her revocation of her nomination at the National Assembly.
Recently, President Adama Barrow revoked Jaiteh nomination at National Assembly and replaces her with Foday Gassama.
Jaiteh who is also an executive member of United Democratic Party argued that the President has no power to revoke a nominated National Assembly member and challenged the decision at the Supreme Court.
When the case was called before the Chief Justice, Hassan Jallow and his panel of judges yesterday at the Banjul Supreme Court, Lawyer Borry Touray, Lawyer Lamin Darboe and Lawyer Aziz Bensuda announced their appearance for appellant Ya Kumba Jaiteh, while the State was represented by Binga D.
Lawyer Borry B.S Touray, the Lead Counsel for Ya Kumba Jaiteh explained that by virtue of Section 91 of the Constitution of The Republic of The Gambia from which the powers to confer the nomination of Ya Kumba, ‘We are humbly submitting that the president has no powers to rescind the nomination of a National Assembly Member,”
He urged the court to bar Foday Gassama replacement for Ya Kumba Jaiteh from assuming the office of the National Assembly, arguing that if Gassama assume is not bar from assuming office it may cause controversy because Ya Kumba hasn’t accept her dismissal as a national assembly member and such situations will see two people holding one seat at the National Assembly.
Binga D, the state counsel submitted his response in which it was stated specifically that the President has the right to rescind the appointment of any nominated member of the National Assembly.
He explained that nominated members has a limited right under the circumstances of the law and the president has all rights to rescind the appointment of any nominated member.
He argues that for the Supreme Court to grant rescindment order will put the State in a difficult situation and will derail the overall processes of the National Assembly, submitting that nominated National Assembly members have privileged and such privileges should not be considered as rights.
At this juncture, the Chief Justice Hassan Jallow who is also the head of the panel of five judges subsequently adjourns the matter for tomorrow March 15th, 2019 for ruling on the arguments counsel for the plaintiff and appellant.
