The Chronicle Gambia

Appeal Court Urges Sabally’s Lawyer to Put His House in Order

The Court of Appeal in Banjul has adjourned the case of Former Secretary General and Head of Civil Service, Momodou Sabally, against the state and thus urged his Counsel Abdoulie Fatty to go back and make a decision as to the case he wants to pursue before the court.

The Court urges the defense lawyer to decide as to whether he will be appealing against the recommendations of the Janneh Commission or the White-Paper released by Gambian government that banned the Former Secretary General from holding public office for the rest of his life.

Surahata Janneh with President Adama Barrow,presenting the Janneh Commission report

Lawyer Abdoulie Fatty in his submission before the court hoped for the adjournment of the case involving his client in light of the release of The Gambia Government White-Paper. As to review the motion filed before the court, Fatty cites that the situation is necessitated by the fact that most of the recommendations by the Commission were not adopted by the government. 

“We want to seek time to file the necessary documents in light with the release of the government White-Paper. I was out of the jurisdiction of the country when the White-Paper was released and once I came I felt that it is necessary to review the motion filed before this court,” said Lawyer Abdoulie Fatty.

At this stage Justice Awa Bah, Justice Omar Njie and Justice BJP Mahoney, the presiding judges of the Appeal Court, urge Fatty to go and put his house in order as to whether he is appealing against the Janneh Commission or the government White-Paper, pointing out that it will be easier for the court to proceed when the counsel has made a decision as to which cases to pursue.

“Under the circumstances and as prayed by the Counsel, the court hereby orders the Counsel to go and advise himself. The court therefore adjourn this case to Wednesday, 20th November, 2019,” Justice Awa Bah submitted.

The former Secretary General and Head of Civil Servants responsible for presidential affairs is appealing against the decision of the Jammeh Commission that accused him of withdrawing large sums of public monies, some of which were not accounted for on the instruction of former President Jammeh. The Commission found that Mr. Momodou Sabally and former President Jammeh are jointly liable for the said amounts of money misappropriated by the former President Jammeh.

The Commission recommended that Mr. Momodou Sabally should not serve in any public office or be appointed as a director for any state owned enterprise for at least ten years. This recommendation did not sit well with the former Secretary General and subsequently challenged the decision at the Court of Appeal.

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