By Saloum Sheriff Jaiteh 

The Supreme Court of the Gambia has today started hearing Ya Kumba Jaiteh’s landmark case which is a litmus test for the country’s young democracy.

Ya Kumba Jaiteh was sacked by President Adama Barrow two weeks ago as nominated member of the National Assembly. Ms Jaiteh then filed an injunction at the Supreme Court challenging President Barrow’s revocation of her nomination to the National Assembly as unconstitutional and asked the court to nullify it.

The injunction also wanted the court to restraint the swearing in of her replacement, Foday Gassama, until the case was resolved.

The case was being heard before a seven member panel of Supreme Court judges led by Justice Hassan Jallow.

“We came to court to get a declaration to set aside the decision that has so far been taken by the executive,” Lawyer Borry Touray, Ms Jaiteh’s representative, told the  court.

 “The executive cannot be interfering with the smooth functioning of the legislature, not in a democratic situation just as how he cannot interfere in the smooth running of the judiciary so it is the same as the legislature. He has a whole arm of government to be dealing with, so therefore he cannot be interfering in the proper functioning of the legislative arm of the government.”

The brief hearing was postponed to Thursday, March 15, as the state needed time to be able to file a response to the application before the court.

The courtroom was packed with Ms Jaiteh’s supporters and well-wishers. The historic case is attempting to resolve a constitutional crisis that emanated from an ambiguity in the constitution with reference to the hiring and firing of nominated members of the National Assembly.