By: Nicholas Bass
The lawyer for the Workers’ Union of Medical Research Council (MRC) of The Gambia KaddijatouJallow on Thursday argued that the Banjul High Court annex lacks the jurisdiction to hear the substance of the summons that the MRC filed against its workers’ union.
It could be recalled that on 26 September 2024, the Medical Research Council of The Gambia at the London School of Hygiene and Tropical Medicine,through lawyer Yassin Senghore, filed a writ of summons, seeking an order from the court for an injunction to restrain the Medical Research Council Workers’ Union and its members, whether by themselves, servants, agents, successors andprivies from entering the MRC premises and building to interfere with its operation, service delivery, functionality or whatever during a proposed industrial action or sit-down strike.
Lawyer K. Jallow said that it is the submission of the defendant that the Banjul High Court annex lacked the jurisdiction to grant the prayers sought by the Medical Research Council-The Gambia.
”We urge my Lady to look into the motion in notice,” lawyer Jallow submitted.
Justice Sohia in reply said: “For the manifest interest of justice, this case is adjourned to 14 January 2024, at 9:30.”
The lawyer for MRC Yassin Senghore, however, made an application for an interlocutory injunction to be granted to her client, pleading with the court to hear the motion, saying she had made a submission for the granting of her motion and prayers.
Meanwhile, paragraph three of lawyer Senghore’s statement of claim stated that MRC-The Gambia at the London School of Hygiene and Tropical Medicine operates medical research facilities and offers clinical services to the general public. Lawyer Senghore argued that the Medical Research Council Workers’ Union is an independent workers’ union to whichmost of the employees are of her client’s.
Paragraph 5 of lawyer Senghore’s affidavit read that sometime in April last year or thereafter, the Medical Research Council Workers’ Union notified the Department of Labour about its intention to conduct an industrial action or sit-down strike in May 2023 to express their dissatisfaction, concerning theemoluments and working conditions of its members, alleging that the concerns were not addressed by the MRC.
Defense lawyer Kadijatou Jallow, in her reply,denied having MRC as a proposed venue for the assembly for the MRC Workers’ Union, adding that the proposed assembly venue is the playing ground,which is about 500m from the clinical service department and 200 to 300 meters from all other workers.
