Gambia: Supreme Court Hears Lawmakers' Case, Ruling Set for Today

14 March 2019

The case brought by lawyers, Lamin K. Mboge and Ibrahim Jallow against 31 members of the National Assembly including the majority and minority leaders and the Attorney General was heard before the Supreme Court presided by Chief Justice Hassan B. Jallow and the other four Supreme Court judges.

It could be recalled that 31 members of the National Assembly signed a petition to overturn the president's decision to revoke the nomination of former National Assembly Member (NAM) Ya Kumba Jaiteh.

The plaintiffs, Lawyer Mboge and Jallow alleged that the actions of the said National Assembly members were unconstitutional and they urged the court to interpret and enforce the president's decision because his decision to revoke Ya Kumba's nomination was constitutional.

They claimed that by virtue of locus standi, they are 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 immunes the National Assembly members from appearing before any court for anything said or done while in chambers.

Counsel Bensouda said Sections 113 and 114 of the constitution empowers the members of the house to discuss on such issues as part of their powers and privileges as parliamentarians.

At this juncture, Solicitor General Cherno Marenah representing the AG said the matter was brought to them 24-hours earlier, adding that they are yet to discuss amongst themselves on what step to take, he therefore urged for more time.

Chief Justice Hassan B. Jallow adjourned the case to today Thursday for ruling.

See What Everyone is Watching

More From: The Point

Don't Miss

AllAfrica publishes around 700 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.