The Supreme Court of The Gambia has this Tuesday heard a motion for injunction in the legal suit filed by Civil society organizations (CSOs) in The Gambia as an attempt to stop the disbursement of a D54 million National Assembly members’ self-catered loan. The case is adjourned to January 26th 2021.
The civil suit is filed by Gambia Participates and the Centre for Research and Policy Development. It summons the clerk of the National Assembly as1st Defendant, the Auditor General second defendant, the ministry of Finance and Economic affairs 3rd defendant and the Attorney general as the 4th defendant respectively.
The plaintiffs are seeking that the Supreme Court issues a declaration that the amendment done by the National Assembly by including a budget line item of D54.4 million is in contravention of sections 151,152 and 155 of the constitution and a violation of section 47 of the public finance act, 2014.
Another declaration the plaintiffs are seeking is, that the approval of the annual estimates of the revenue and expenditure for the year 2021 with the inclusion of the sum of D54.4 million as a loan for National Assembly Members and its staff is “an usurpation of his powers” and “a violation of the National Assembly standing orders”.
The plaintiffs are further seeking an order directing the auditor general not to grant approval for the withdrawal of the sum of D54.4 million or any part of it by national assembly or National Assembly service.
Gambia Participates and the Centre for Research and Policy Development are also seeking an order for the ministry of Finance not to pay from the consolidated fund of D54.4million or any money to National Assembly members or staff. Another order they want the Supreme Court to issue is to strike down the part of the appropriation act authorizing the payment of the sum of D54.4 million as a loan to the National Assembly member or its staff.
Finally, the plaintiffs are seeking an injunction against the clerk of the National Assembly restraining them from raising warrants or preparing payment vouchers that would facilitate the payment of the sum of D54.4 million.
When the matter came up for mention today. Lawyer Abdoulie Fatty filed a motion for an amicus (friend of the court) for the Court to grant leave to file his statement of case. Next hearing is January 26th.