The Chronicle Gambia

Court Hears Lawsuit Seeking to Enforce the Revocation of Ya Kumba Jaiteh’s Nomination

A civil lawsuit seeking for the reinforcement of President Adama Barrow’s revocation of the nomination of lawmaker, Ya Kumba Jaiteh was Wednesday tabled before the Supreme Court.

The suit was filed last week by lawyers Lamin L.K. Mboge and Ebrima Jallow against Hon. Jaiteh and thirty one members of the National Assembly. It seeks for the court to uphold the revocation of her nomination as a parliamentarian and nullify the purported resolution passed by some National Assembly Members against the revocation.

Hon. Jaiteh’s lawyer, Aziz Bensuda asked the five-member Supreme Court, led by the Chief Justice Hassan Jallow to dismiss civil suit, arguing that it lacks moral grounds.

According to him, no civil or criminal charges can be brought against any serving National Assembly Member, and argued that dragging substantial number of NAM to court will have an adverse effect on the proceedings of the assembly. He cited section 3 of the National Assembly Powers and Privileges Act which provides for immunity from legal proceedings.

Nineteen of the 31 lawmakers were present at the court.

In his submissions on behalf of the Plaintiffs, Lamin L.K. Mboge said the matter before the court today is an ex parte Application (a request made to a court where only the party making the request is represented and the other side is not given any notice), saying that the National Assembly Members were not served to appear before the court.

“We are seeking for the enforcement of the decision of the president to rescind the appointment of Ya kumba Jaiteh. The Executive Powers of President is enshrined in section 6 of the constitution and thus the president has the powers to appoint and rescind any appointment,” Mboge said.

The case was adjourned to March 14.

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