Gambiaj.com – (BANJUL, The Gambia) – Justice O.M.M. Njie of The Gambia’s Supreme Court has granted an application filed by Senior Counsel Lamin J. Darboe, representing the Coalition of Progressive Gambians (CPG) and activist Kemeseng Sanneh, alias Kexx Sanneh. The case, which challenges sections of the 2023 Commission of Inquiry (Amendment Act), is set to proceed before a full bench on Tuesday, 10 December 2024.

The plaintiffs seek a declaration from the Supreme Court that sections 19 and 20 of the Commission of Inquiry (Amendment Act) 2023 contravene key provisions of the 1997 Constitution. They argue that the National Assembly exceeded its legislative authority in passing the law, rendering it unconstitutional. Specifically, they claim the amendments conflict with constitutional provisions outlined in sections 200 to 206.

Contentious Provisions Under Scrutiny

The Act grants the President the power to issue amnesty to individuals previously banned from holding public office for mismanagement of public funds or economic crimes. Following the National Assembly’s passage of the amendment, the President utilized these powers to lift bans on some individuals, sparking legal and public controversy.

The plaintiffs are calling on the Supreme Court to nullify the contested provisions, arguing that they undermine the principles enshrined in the Constitution.

Application Details

Justice Njie, sitting as a single judge, heard a motion filed on 30 October 2024 by Senior Counsel Darboe. The motion sought to remove Darboe’s name as a plaintiff in the case, following a directive from the Supreme Court’s five-judge panel. The panel had ruled that Darboe could not act as both counsel and party in the same matter.

Justice Njie granted the application, allowing Darboe to continue representing the remaining plaintiffs while amending the legal processes accordingly. Both the Attorney General and the Clerk of the National Assembly, who were served with the motion, were absent during the proceedings.

Justice Njie also declared the amended summons, statement of case, reply on points of law, and other processes filed by the plaintiffs as properly submitted.

Next Steps

The case now moves to the full Supreme Court bench for deliberation, where the constitutional validity of the contested sections will be assessed. The outcome could set a significant precedent for the balance of legislative and executive powers in The Gambia.