By: Momodou Justice Darboe & Nicholas Bass
The lawsuit that the Cement Importers & Traders Association (CITA) instituted against the government of The Gambia was set for adoption of briefs of the parties on Thursday but it was adjourned to next month by the Banjul High Court Annex chaired by Justice Sonia Akinbiyi.
It could be recalled that the Cement Importers and Traders Association on 26 November 2024, filed originating summons as per section 33 of the 1997 Constitution and section 8 of the Customs Tariff Act, Volume 14, Cap 86:02, Laws of The Gambia and section 31 of the Competition Act, Volume 15 96.01.
CITA is seeking from the court declarations that the levy imposed by the[ex] trade minister [Baboucarr O. Joof] on a bag of cement from D30 to D180 is unconstitutional and therefore, null and void, that the minister lacks the authority to impose such levy without the approval of the National Assembly, that the levy imposed by the minister is designed to give unfair advantage to other competitors in the same industry and that only the National Assembly has the power and authority to impose taxes and levies. The alliance also wants the court to issue an order, directing that all competitors in the industry should be treated equally and any further or other order the court deems fit to make in the circumstances.
It would be recalled that the Gambia government in April of last year increased the tax on a bag of cement from D30 to D180.
CITA said it was shocked by such an astronomical increase in a short notice and consequently engaged the trade ministry over the development, leading to a downward revising of the tax to D30.
However, the alliance said it was utterly dismayed on 16 May 2024, when the bag was again increased to D180.
When the matter was called on Thursday, the attorney for the Cement Importers and Traders Association Lamin S. Camara informed the court that the case was set for hearing.
However, lead State lawyer A. A. Wakawa, told the court that the State [respondent] did not file a brief of argument in the case and applied for adequate time to be given to the State to enable it to file a brief of argument.
Justice Akinbiyi granted the application, stating that such adjournment was for the manifest interest of justice.
Meanwhile, CITA in paragraph 27 of its affidavit, stated that despite the association’s engagement with the respective stakeholders on the issue, ‘it yielded no positive result,’ explaining that out of desperation the association on 20 June 2024, wrote a letter to President Adama Barrow and reiterated their concerns as Gambians on the 500% increment which, according to them, created ”bad effect on their businesses”.
“Despite our efforts to amicably settle this matter with respective stakeholders, our concerns remained irrelevant,” the association stated.
The association further stated in paragraph 29 of their affidavit that they wrote a letter to the office of the Inspector General of Police (IGP), requesting a permit for a peaceful march which, according to the association, was refused.
