Posted by By Bekai Njie
The Supreme of The Gambia will tomorrow, Thursday rule to determine whether it would hear or discontinue a law suit filed against 31 lawmakers and the Attorney General by two lawyers, Lamin K. Mboge and Ibrahim Jallow following a petition they signed to overturn the president’s decision to revoke the nomination of National Assembly Member (NAM) Ya Kumba Jaiteh.
The case was presided over by Chief Justice Hassan B. Jallow and four other Supreme Court judges.
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.