National Assembly

A member of the Gambia Armed Forces has taken the National Assembly to the High Court in Banjul, seeking D2.2 million in compensation and legal costs following his arrest for contempt of parliament.

The lawsuit stems from Sergeant Adama Jagne’s appearance as a witness before the Assembly’s Special Select Committee, which was investigating the sale and disposal of assets identified by the Janneh Commission of Inquiry into former President Yahya Jammeh’s assets.

His summons to testify reportedly escalated to his arrest in late 2025, after the committee accused him of withholding information and failing to comply with parliamentary orders.

In the originating summons, Jagne argues that his arrest and detention were unlawful and violated his constitutional rights, claiming that he was not given a fair opportunity to respond before being taken into custody.

The suit names the Gambia Armed Forces as the 1st Respondent, the Clerk of the National Assembly as the 2nd Respondent, and the Attorney General and Minister of Justice as the 3rd Respondent.

During Thursday’s court appearance, the National Assembly was represented for the first time by its own legal team, led by Counsel Lamin M. Dibba, with Counsel Aji Sainey Kah and Counsel Amadou Bah.

The Assembly’s lawyers challenged the way it was served with court processes, arguing that the amended Originating Summons was delivered while the Assembly was sitting, citing Section 22 of the National Assembly (Powers and Privileges) Act.

“This protects the constitutional principle of separation of powers,” they told the court.

Principal State Counsel Abdulmuhsin Abubakar Wakawa, representing the 1st and 3rd Respondents, said the respondents were unaware of any application to amend the summons and questioned the purpose of the amendment, noting that Jagne was absent to explain it.

Justice Sonia Akinbiyi K.J.W remarked that courts were “tired of technical issues,” while the Assembly’s lawyers insisted the matter was constitutionally significant, arguing that members’ primary duty during sessions is lawmaking and representation.

The judge ruled that the case would proceed once Sergeant Jagne appears in court.

She also dismissed his claim of a scheduling conflict with another High Court matter as “frivolous and lame.”

Costs of D5,000 each were awarded to the 1st and 3rd Respondents and D5,000 to the 2nd Respondent, payable by the next adjourned date of 13 April 2026 at 11:00 a.m.

The Janneh Commission was established to investigate financial dealings, misappropriation, and the disposal of assets connected to former President Yahya Jammeh.

The committee uncovered controversial transactions involving state-owned properties, vehicles, and other assets, some of which were allegedly sold or disposed of without proper accountability.

Sergeant Jagne’s testimony before the Assembly’s Special Select Committee was central to uncovering these transactions.

His arrest for contempt became a flashpoint, highlighting tensions between parliamentary authority and individual constitutional rights, particularly around due process and protection against unlawful detention.

By Adama Makasuba

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