By Nicholas Bass
Mayor Rohey Malick Lowe’s Counsel on Monday, 17th July 2023, quickened to file her brief of argument at the Banjul High Court before Justice Francis A. Achibonga for judgment.
Counsel Rachael Y. Mendy lawyer for Mayor Rohey MalickLowe hastened her steps in filing a brief of argument dated 12th July 2023 awaiting the brief of counsel Binga D for the respondents that was filed yesterday for judgment.
The Mayor’s counsel R. Y. Mendy made no argument regarding the brief of counsel Binga D as she sets the ball rolling for judgment to be entered in her client’s sermon.
According to the sermon filed against the 1st, 2nd, 3rd, and 4th respondents, Attorney General, Samba Faal, Oreme E. Joiner, and Alagie Sillah about an ex-parte commission of inquiry into the conduct of all Local Government Council and for a connected matter that is seeking the following: A declaration that the rights of the applicant guaranteed under Section 17, 24, 25, 26 and 202 of the Constitution of the Republic of the Gambia 1997 wont be interfered with by sittings of the Commission of Inquiry into the conduct of all Local Government Councils, a declaration that the Commission into the conduct of all Local Government Councils and for connected matters is not properly constituted in the two of the members namely, the 2nd and 4th respondent, Samba Faal and AlagieSillah are subject to the terms of inquiry of the said Commission having respectively held the office of Mayor of Banjul from 2008-2012 and Councilor at Banjul City Council from 1996 to 2008 and ought not to be members of the said Commission.
The City Council Mayor’s sermon in paragraph (d ) seeks a declaration that the 2nd, 3, and 4th respondents, Samba Faal, Oreme E. Joiner, and Alagie Sillah being leading members of the National People’s Party (N.P.P) with A.P.R.C Alliance Parties to which the appointing authority of the members of the Commission belongs would be biased and therefore will not be independent in the discharge of the Commission’s mandate that is in violation to Section 24 of the Constitution the Republic of The Gambia 1997 and the rules of natural justice.
Mayor Lowe’s Counsel (R Mendy) in paragraph (g) of the sermon also applied for an order dissolving the Commission of Inquiry as presently constituted on grounds of bias, prejudice, and interference with the outcome of its inquiry among many others.