By: Bakary Ceesay & Ismaila Sonko
The Supreme Court of the Gambia, chaired by Chief Justice Hassan B. Jallow on Friday have a unanimously agreed to dismissed the application of Ya Kumba Jaiteh to restrain the National Assembly from swearing-in Foday Gassama as a nominated member of the National Assembly member.
Recently President Adama Barrow, revoked Jaiteh’s nomination at National Assembly and replaces her with Foday Gassama.
Jaiteh, also an executive member of United Democratic Party argued that President has no power to revoke a nominated National assembly member and challenged the decision at the Supreme Court.
National Assembly member is set to swear-in Foday Gassama as a nominated member on Monday the 18th March 2019. However Ya Kumba made an application for the Supreme Court to restrain the National Assembly from carrying on the swearing-in of Mr. Gassama.
Justice Jallow in his ruling said the Plaintiff (Ya Kumba) challenged the revocation by the President of the Republic of her nomination to the National Assembly as invalid and sought a declaration to restrain the National Assembly from swearing-in Foday Gassama as a nominated member of the Assembly.
Justice Jallow indicated that the Clerk and the Speaker of the National Assembly opposed to the application that it should be disallowed.
He explained that having considered the submissions of the parties and on the basis of the legal principle favouring the presumption of the regularity of all official acts, the applicable principles of law relating to the grant of interim restraining orders the court has come to the conclusion that the interim orders applied for by the plaintiff (Ya Kumba) should not be granted. The application is accordingly dismissed in its entirety.
He indicated that the court further considers it necessary to the circumstances of this case, to emphasise that all arrangements for the assumption of office by Foday Gassama as a nominated member of the National Assembly should proceed.
He ordered that the plaintiff (Ya Kumba) is hereby ordered, pending the determination of the suit, not to interfere with that process of swearing-in or with the execution of the third respondent of his duties (Foday Gassama).
He stated that the reasons for the dismissal of the application will be incorporated in the final judgment of the court in this case and the case would proceed on the legality of the sack by President Adama Barrow of Ya Kumba Jaiteh as a nominated National Assembly member.
Supreme Court gave the lawyers for Ya Kumba seven days to file their statement of case and 21 days to Lawyer Binga D. who represented the Attorney General to reply.
Hearing continues on 26th March 2019.
