Gambia's Justice Minister, Dawda Jallow, has told members of the National Assembly that the ministry of defence is reviewing the dismissal of Corporal Omar Sarjo even though the High Court has faulted the dismissal.
Minister Jallow, was responding to questions, put to him by the Member for Foni Kansala District, Hon. Almameh Gibbaa, on behalf of his colleague, member from Foni Jarrol District, Hon. Kebba Tumani Sanneh.
According to him, the Justice Minister told members of the Assembly that the Defense Ministry was reviewing the case without any appeal being made to the High Court, for three years now.
Hon. Gibba then asked the Minister: "Could the Minister for Justice inform this Assembly whether a High Court ruling can be reviewed by any institution without an appeal being made?"
"By a judgment delivered on the 18th day of November 2021 by Hon. Justice F. A. Achibonga, the High Court held that the dismissal of the applicant is null and void and has no effect," Justice Minister Jallow said.
He however said that notwithstanding, the effect of the judgement is valid and subsisting; that a disciplined force like the army has thoroughly considered and evaluated the circumstances for reinstatement before implementation.
Hon. Gibba asked the Minister to state what mandate and what Section empower the Army to review the ruling made by the High Court.
In his response, Justice Minister Jallow replied: "They are not doing a judicial review. They are reviewing the situation as it applies to their institution."
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Hon. Gibba asked the Minister to state whether justice is being seen to be done and whether there is respect for the courts as an institution in the 21st Century in this matter. In response, the Minister replied that the government has the utmost respect for judicial decisions.
"The decision is a declaratory one, and it declares that the dismissal is null and void. It did not specifically direct for reinstatement. So, we are reviewing the proper course of action and we are supporting the Ministry of Defense and the Gambia Armed Forces in that regard," Justice Minister Jallow responded.
On his part, the Member for Latrikunda, Hon. Yaya Menteng Sanyang asked the Minister to state clearly whether it is for the Defense Ministry to sit on a High Court decision, adding that the decision has been made and is not adhered to.
Justice Minister Jallow replied in the negative, saying: "No. I did not say that."
The Member for Lower Saloum, Hon. Sainey Jawara, asked Justice Minister Jallow how soon the matter will be addressed and he replied: "The Ministry of Justice is supportive and we are supporting the relevant departments in that regard."
However, he said that he cannot speak on behalf of the departments on how soon the matter will be addressed.
The Member for Janjanbureh, Hon. Omar Jammeh asked the Minister for Justice the following question: "Can you tell this Assembly the content of that declaration of the High Court?"
Justice Minister Jallow in his concluding response told the Member that the declaration of the High Court said the dismissal was 'null and void', and that in effect, it was not done properly according to law.
