Nominated Member of the National Assembly Kumba Jaiteh who was sacked by President Barrow.
Neither the president nor any constituted body has power to remove a Nominated Member of the National Assembly unless the circumstances stated in section 90 (1) and (2) are present. Without the availability of the facts numerated from s.90 (1) 9a) – (l), a Nominated Member cannot be disqualified from the National Assembly.
Before the amendment of section 91 (1) (d) a National Assembly ,Member is disqualified “if he or she ceases to be a member of the political party of which he or she was a member at the time of his or her election.”
In Dember 2017 the National Assembly repealed the subsection thereby securing the membership of all National Assembly members even if the party on whose ticket and platform they won the National Assembly elections expelled them.
Even though the said s. 90 (1) (d) did not apply to the Nominated Members, I would assumed that Jammeh was using it erroneously to remove members from the National Assembly.
If Ya Kumba Jaiteh was removed through a directive from the Office of the President, she should ignore it and proceed to exercise her functions until when she is restrained. She should head to the Supreme Court for a declaration to invalidate and nu;llify the exercise of a power the president does not have if restrained.
The Speaker, being a lawyer, should neither convey nor act upon any illegal direction or decision emanating from a person or body that does not have such power. The Members of the Assembly should realise that this decision is an affront to the dignity and tenure of the Members.
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Neither the president nor any constituted body has power to remove a Nominated Member of the National Assembly unless the circumstances stated in section 90 (1) and (2) are present. Without the availability of the facts numerated from s.90 (1) 9a) – (l), a Nominated Member cannot be disqualified from the National Assembly.
Before the amendment of section 91 (1) (d) a National Assembly ,Member is disqualified “if he or she ceases to be a member of the political party of which he or she was a member at the time of his or her election.”
In Dember 2017 the National Assembly repealed the subsection thereby securing the membership of all National Assembly members even if the party on whose ticket and platform they won the National Assembly elections expelled them.
Even though the said s. 90 (1) (d) did not apply to the Nominated Members, I would assumed that Jammeh was using it erroneously to remove members from the National Assembly.
If Ya Kumba Jaiteh was removed through a directive from the Office of the President, she should ignore it and proceed to exercise her functions until when she is restrained. She should head to the Supreme Court for a declaration to invalidate and nu;llify the exercise of a power the president does not have if restrained.
The Speaker, being a lawyer, should neither convey nor act upon any illegal direction or decision emanating from a person or body that does not have such power. The Members of the Assembly should realise that this decision is an affront to the dignity and tenure of the Members.
Simon Sabally