In a recent development, the High Court has issued an interim order restraining the Clerk of the National Assembly, its agents, servants, or any other parties from removing Fatoumatta Njai (Touma), Kebba K.K Barrow, and Samba Jallow from their elected positions in the ECOWAS Parliament.

The ruling, delivered by Justice A. Jallow Sey, followed an ex-parte motion filed by the three members, who argued that their legal rights as ECOWAS Parliament members were under threat. Counsel Lamin J Darboe, representing the applicants, asserted that the respondents (Clerk/Minister of Justice) were unlawfully interfering with their rights, prompting the filing of an Originating Summons seeking declarations and injunctions.

Counsel Darboe further argued that the court had the jurisdiction to preserve the subject matter of the litigation before it, even without a formal application from either party, as it falls within the court’s inherent jurisdiction.

After reviewing the evidence presented, Justice A. Jallow Sey concluded that the applicants had a legal right requiring protection and had fulfilled the requirements for the court to grant the application. Consequently, an interim order was issued, restraining the respondents from any attempts to remove the applicants from their elected positions until the main motion is heard.

Fatoumatta ‘Touma’ Njai of Banjul South, Samba Jallow of Niamina East, and Kebba Barrow of Kombo South had previously filed a lawsuit against the Clerk of the National Assembly and the Attorney General regarding their removal from the ECOWAS Parliament without due process. They accused the assembly of incorrectly removing them in January 2024 and are seeking a declaration from the high court that these efforts are discriminatory, unconstitutional, null, and void.

Additionally, the members are requesting a court order to restrain the Clerk and others from attempting to remove them from their elected membership of the regional parliament. They are also seeking reimbursement of their legal fees. The case is pending a full hearing before the court.