Lawyer Lamin J. Darboe has said a sitting Gambian president is deterred under the constitution of the land to sue others for both civil and criminal issues – arguing that he is immune under the same constitution to be sued as long as he is in office. 

President Barrow is considering a lawsuit against the editors of the Voice – who are charged with false publication and broadcasting – following the paper’s report suggesting that Barrow has chosen a successor.

Reacting to the arrest and charges against the two journalists – a top constitutional lawyer Lamin J Darboe dismissed the president’s attempt to sue the journalists describing his action as lowering the image of his office.

“The president has no standing under the constitution to sue the journalist even leaving aside the freedom of expression and other things [like] the public interests and things like that. You can come to the president’s immunity under section 69 in the constitution… As long as he is president – nobody can sue him for civil or criminal offences.

“You cannot file any process against him as long as he is in office. So, there is a coronary to that if the president cannot be tried [while in office] can the president drag anybody to court? That cannot be because if the president takes you to court you can counter claim against him. You have a right to do that,” he said. 

 “If you counter a claim against the president as far the immunity provision of the constitution is concerned obviously his lawyers can raise a preliminary objection and likely the counter claim will be struck out. And if the counter claim is struck out, obviously by the president, then obviously the president should not be able to sue you.”

“Because if he sues you, you have a counter claim against him under the rules. But the immunity principle also dictates that the president is not able to drag people to court because by doing that he is putting himself before the court. The immunity that he is given as far as he is the president –for civil and criminal issues – is a constitutional principle [but] he didn’t give to himself. So, he cannot strip himself for fit even if he says okay I don’t want immunity,” he added.

Reporting by Adama Makasuba