Gambia’s Supreme Court dismisses case against MPs in removal of colleague by President Barrow
Banjul, Gambia (PANA) – Gambia’s Supreme Court has struck out a case against parliamentarians who petitioned against the sacking of a colleague.
The five-member court presided over by presided over by Chief Justice Hassan B. Jallow dismissed the case on Thursday describing it as "frivolous and lack of merit".
Two Gambian lawyers, Lamin K. Mboge and Ibrahim Jallow, filed the case against 31 parliamentarians, including the majority and minority leaders of the National Assembly, who had petitioned against President Adama Barrow’s sacking of a nominated MP, Ya Kumba Jaitey, calling it “unconstitutional”.
Mboge and Jallow urged the court to interpret and enforce the president’s decision insisting that his decision to revoke Jaitey’s nomination was “constitutional”.
They argued that by virtue of locus standi, they were empowered as private citizens to bring any matter before the Supreme Court for interpretation and enforcement.
The defendants’ counsel, Abdul Aziz Bensouda called the case frivolous, noting that the constitution of the Gambia by an Act of Parliament gives immunity to National Assembly members from appearing before any court for anything said or done while in parliament.
Bensouda said that the constitution empowered MPs to discuss such issues as part of their powers and privileges as parliamentarians.
The parliamentarians had argued that the president has no constitutional powers to dismiss a sitting MP from the National Assembly insisting that President Barrow’s marching orders to the member was “unconstitutional”.
Rising from the assembly caucus meeting held in Gambia’s legislative chambers in Banjul on 25 February, the parliamentarians came up with a resolution dismissing President Barrow’s sacking of a female nominated member, Jaiteh, as unconstitutional.
“The president has no power or authority to dismiss any member of the National Assembly and that it is unconstitutional nor in the sprite of the constitution to revoke the nomination of any member of the National Assembly,” the parliamentarians maintained.
-0- PANA MLJ/MA 15March2019
