Ya Kumba’s Supreme Court victory: Government to comply with "disappointment"

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By BABOUCARR CEESAY

Government said it is disappointed but will fully comply with the Supreme Court’s decision with immediate effect following the highest court’s Tuesday, January 28 ruling in favoured of Ya Kumba Jaiteh, a nominated National Assembly member who was in 2019 sacked by president Adama Barrow.

According to the ruling of the country’s highest court, President Adama Barrow acted unlawfully in terminating Ms Jaiteh as a nominated national assembly member.

In an injunction the Supreme Court ordered Ya Kumba’s replacement, Mr Foday Gassama who was nominated by President Barrow to desist from presenting himself as a nominated member of the National Assembly anywhere.

In his judgment, Hassan B. Jallow, chief justice said: “The purported termination of nomination of Ya Kumba Jaiteh through an executive letter was unconstitutional, null and void,” adding that the nomination of the third defendant, Mr Foday Gassama is unconstitutional, null and void.

It could be recalled that Ya Kumba Jaiteh, a trained lawyer challenged her sacking as nominated parliamentarian by President Barrow on March 9, 2019 but had her application for the prevention of the swearing in of Mr. Foady Gassama as her replacement nominated rejected on March 15, 2019.

In a press release on Supreme Court’s decision in the case of Ya Kumba Jaiteh vs Clerk of the National Assembly and Others the government through the office of the Attorney General and Ministry of Justice express disappointment but said it will fully comply with the Supreme Court’s Decision with immediate effect.

“The Government wishes to further assure the general public that notwithstanding its disappointment, it will fully comply with the Supreme Court’s Decision with immediate effect,” the government release said.

It states that this is the position expected of a Government that is committed to respect for the rule of law and democracy.

“It demonstrates that no matter our individual opinions or divergent views especially on matters of national interest, we are all subject to the law and that no person or groups of persons are above the law. Decisions like these were unthinkable only three years ago and it goes to reinforce the extent to which the independence of our judiciary has come in this short period of time under this administration.”

The Government called upon everyone in this country to be law abiding and to make use of democratic processes, including the courts, to address their grievances.

President Barrow on February 25, 2019 revoked the nomination of Ya Kumba Jaiteh without giving reason or citing any section of the Constitution or any other law.

The decision triggered controversy and raised difficult questions about the legal sources of such a presidential power to revoke the nomination of a nominated member of the National Assembly.

The move by President Barrow also resulted in heavy battle of ideas among parliamentarians in the country.

However, the Office of the President on Monday March 4, 2019 issued a press release stating that the President relied on section 88(1)(b) of the Constitution of The Gambia to effect the nomination which takes effect from Monday, March 4, 2019.