By Abdelkarim Jaiteh
The family of Baba Jobe, the late parliamentarian for Jarra West has raised an eyebrow over the recent decision by the government for the sale of one of the properties (compounds) of their late brother located at Kotu layout.
It could be recalled that the widow of the late parliamentarian, one of the most powerful men in the country during the former regime, filed an appeal before Court of Appeal of The Gambia since 2019 challenging the adverse finding of the Janneh Commission established by the Barrow administration in 2017 to investigate the financial dealings of the exile former President Yahya Jammeh, close friends and family members.
Though the court is yet to deliver the verdict in the matter, which agitated the family to voice out their frustration against the decision of the State for the sale of their property.
Speaking to this medium was one of the brothers of late Jobe who has been following the due process of the law to ensure that all properties of late Honorable Baba Jobe impounded by the State are unconditionally return to the family.
“We the family of Baba Kajali Jobe are disappointed and disturbed by the reckless and haste decision by the Justice Minister who is behind all this issue for the sale of our property. The decision by the State is provocative, contempt of court and travesty of justice.
How can you take a decision on a matter that is before the court? It would be wise and prudent for the State to wait for the ruling of the court, and this act by Minister of Justice simply shows that he has no respect for the law,” the distraught brother, Ebrima Jobe explained.
Pressing further by this reporter on what next for the family since the government has failed to bring closure to the family since they were also being affected as victim of the former regime, he explained “Well, since the government of The Gambia has failed to protect the right of its citizens particularly those who have been affected directly or indirectly under the brutal dictatorship of the former president, we the Jobe family have no choice but to sue the government before the ECOWAS Court of Justice to challenge the reckless decision of The Gambia government for the sale of our property if the authorities fail to rescind their decision to ensure that justice is done and be done on the side of the family.
We are in close contact with our lawyer who is fully aware of the recent decision taken by the State and I’m sure he is alerted.”
History of the case
The appellant, Tida Jaiteh been dissatisfied with the adverse findings and recommendations of the Commission of Inquiry dated 29th March, 2019 and served on her on 30th 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 29th October, 2011, prior to the setting up of the Commission.
Mrs 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- Jobe 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 29th March, 2019, are equally null and void and of no effect.
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.
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 27th December, 2007 are also not valid.
