Ya Kumba Jaiteh

The sacked nominated member of the National Assembly, Ya Kumba Jaiteh, has filed an injunction at the Supreme Court against her dismissal. Judicial sources confirmed that the injunction filing process which started on Tuesday had been completed.   

Jaiteh is challenging the legality of her sacking by President Adama Barrow. Last week, President Barrow revoked Ya Kumba Jaiteh’s nomination as a lawmaker and appointed Foday Gassama as her replacement.

The injunction is seeking for the Supreme Court to declare the executive decision of the president as unconstitutional and prevent Foday Gassama from representing himself as a member of parliament.

Jaiteh is also seeking to restrain the Speaker and Clerk of the National Assembly from swearing in her replacement, Foday Gassama.   

The case, which has divided legal opinions, is seen as a litmus test for The Gambia’s nascent democracy. The palaver is caused by The Gambia’s constitution lack of clarity on the appointment and removal of nominated members of parliament.  However, the Gambia Bar Association had made it position clear that the president cannot revoke her appointment as there was no constitutional provision for doing so.

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