Ya Kumba Jaiteh with a guard arriving at the Supreme Court

By Saloum Sheriff Janko 

The Supreme Court of the Gambia is set to deliver judgment on the case involving the sacked nominated National Assembly Member, Ya Kumba Jaiteh, on Friday March 15.

Ya Kumba filed a case on March 5, 2019 against the Attorney General and three others over her sacking by President Adama Barrow.

The lawyer cum parliamentarian is seeking for an injunction to stop the move. She is asking the country’s Supreme Court to halt the swearing in of her replacement, Foday Gassama who was also nominated by President Barrow and to declare her sacking unconstitutional.   . 

The case was heard on Thursday with Ya Kumba Jaiteh’s lawyers asking the court to grant their application for an interim order as soon as possible.

Borry Touray, the lawyer representing Ya Kumba Jaiteh, told the court they were faced with a crisis situation which if not resolved will put them in a quagmire of having six nominated members of the national assembly which will be a violation of the constitution.

He said: “the case borders on the question of separation of powers. Equally, it touches on the integrity of the National Assembly members.”

Binga Daniels, the lawyer for the state, urged the court to dismiss Ms Jaiteh’s application noting that “nomination is a privilege and such privilege doesn’t constitute a right. 

“What the plaintiff is challenging in this court is an issue of privilege which cannot be considered an issue of right. She has no right to claim before this court and so granting an interim order will amount to putting the state into a difficult situation.”

The case was adjourned to Friday March 15 for ruling.

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