Abdelkarim Jaiteh
Despite an injection filed by the widow of the late parliamentarian of Jarra west against the adverse findings and recommendation of the commission of enquiry into the financial dealings of the exiled former president Yahya Jammeh, close friends and family members, the state has decided to auction the properties of Baba Jobe located at Kotu layout and Kololi, a recent report by a local newspaper revealed.
Reacting to the shocking news, a brother to Baba Jobe slammed the decision as “mockery and travesty of justice on the side of the family.”
In a telephone interview with this medium, the brother, Ebrima Jobe opined that the state should have waited for the outcome of the court on the appeal filed by the widow before any decision taking by the state as whether to sell their properties or not, while calling on the authorities to reverse their decision in the interest of justice and fair play as stipulated in the constitution.
The appellant, Tida Jaiteh being dissatisfied with the adverse findings and recommendations of the commission of inquiry dated 29 march 2019 and served on her on 30 march 2019 is seeking for the following prayers on her grounds of appeal which was filed by lawyer Antouman Gaye.
According to her grounds of appeal, the proceedings of the commission and subsequent adverse findings and recommendations with regards to the real estate of her late husband were gravely irregular, null and void and of no effect.
The particulars of irregularity revealed that the proceedings were made against a non-party in respect of whom no proper legal steps were taken to regularise her status to ensure that she could appear before the commission, and that the adverse findings and recommendations made against her were erroneous.
it is also her contention that there was evidence before the commission that baba Kajali Jobe had died on 29 October 2011, prior to the setting up of the commission.
Madame Jaiteh further contended that there was no evidence that either the attorney general or the commission suo moto had caused a limited grant to baba kajali Jobe’s estate to be issued out of the probate registry of the high court to any person against whom such adverse findings and recommendations can be legitimately made.
The appellant Tida Jaiteh further challenged that the commission was incapable of making adverse findings against a dead person, consequently, the commission’s adverse findings and recommendations numbered 1 to 5 in the said adverse findings dated 29 march 2019, are equally null and void and of no effect.
Commission of Enquiry’s findings
In accordance with section 204[1] of the constitution, the commission has made the following adverse finding against the appellant which includes the forfeiture of all the properties of baba Jobe to the state by the order of the high court, that baba kajali Jobe has been found by the commission to have illegally taken from the central bank accounts at least us$7,824,957.58 and 69,441,485 jointly and severally with the former president Jammeh.
it is also indicated that the commission has found that 23 properties were taken from baba Jobe directly from his family members, relatives and other third parties by the former president
based on the findings of the commission, the appellant lawyer argued that the former president does not have any rights over the properties of baba kajali Jobe and his seizure of his properties is unlawful and all deeds registered pursuant to the former president’s letter dated 27 December 2007 are also not valid.