Gambiaj.com – (Banjul, The Gambia) – The Minister of Defence, Serign Modou Njie, has informed National Assembly Members that a 2022 High Court judgment in favor of dismissed soldier Omar Sarjo cannot be executed, citing legal advice that the ruling is “declaratory in nature and not executory.”
Omar Sarjo was dismissed from the Gambian army in 2017 after being wrongly identified as the son of Casamance rebel movement MFDC separatist leader Salif Sadio, along with allegations of making a false declaration to enlist.
He challenged his dismissal and secured a victory at the Banjul High Court two years ago. Despite the court’s decision, Sarjo has yet to be reinstated or compensated.
Last year, Minister Njie had assured lawmakers that the court order was referred to the Ministry of Justice for a legal opinion before any action could be taken.
During a parliamentary session on Wednesday, Foñi Jarrol representative Kebba Tumanding Sanneh pressed Minister Njie for an explanation regarding the ministry’s “deliberate refusal or the section of the Constitution relied upon defying the implementation of a high court judgment on the illegal dismissal of Omar Sarjo.”
In response, Minister Njie, a former commander of the State Guards Battalion, stated that his ministry had received legal advice from the Ministry of Justice. This advice, he explained, concluded that the High Court judgment was “declaratory in nature and not executory,” meaning it “cannot act on a declaratory judgment.”
However, Latrikunda representative Yaya Sanyang, who is also a barrister, challenged the minister’s assertion, arguing that a declaratory judgment signifies a violated right.
“So when are you going to remedy this right that has been violated?” Sanyang demanded to know.
Minister Njie reiterated his position, stating, “According to legal opinion, it cannot be enforced. This is a declaratory judgment that does not make any specific order or enforcement.”
The minister was also questioned about a previous pledge to engage Omar Sarjo and his lawyer to resolve the issue.
Njie alleged that Sarjo’s lawyer had been contacted on multiple occasions but failed to respond.
This claim, however, contradicts a statement made by Omar Sarjo’s lawyer, Babucarr AMO Badjie, who told Foroyaa in March that the chief of defense staff was “refusing to engage” with him on the matter.
The ongoing standoff highlights a significant legal and constitutional debate concerning the enforcement of court judgments and the rights of individuals in The Gambia.
