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Gambia: Court Restrains Clerk, AG From Removing NAMs From Ecowas Parliament – Africa Links 24

Gambia: Court Restrains Clerk, AG From Removing NAMs From Ecowas Parliament – Africa Links 24

Rédaction Africa Links 24 with babucarr balajo
Published on 2024-04-04 10:15:00

Justice Jallow-Sey of the high court issued a ruling yesterday restraining the Clerk of the National Assembly and the Attorney General from removing Fatoumata ‘Touma’ Njai of Banjul South, Samba Jallow of Niamina West, and Kebba Barrow of Kombo South from the Ecowas Parliament. This ruling came after the three NAMs filed a lawsuit against the Clerk and the AG over their alleged “illegal” removal from the Ecowas Parliament. The Clerk and the AG were named as the first and second respondents, respectively.

The aggrieved lawmakers sought the court to declare the attempts to remove them from their elected membership in the Ecowas Parliament as discriminatory, unconstitutional, null, and void. It was reported that replacements for Touma, Jallow, and Barrow had already been selected and were set to be sworn in that day in Abuja, Nigeria.

The lawyer representing the applicants, Lamin J Darbo, filed a motion appealing for an interim order to prevent the Clerk and the Attorney General from removing the parliamentarians from their elected membership in the Ecowas Parliament until the hearing and determination of the main case. Darbo argued that the legal rights of the applicants were being threatened, specifically their membership in the Ecowas Parliament, which is the crux of the lawsuit.

In delivering the ruling on the motion, Justice Jallow-Sey emphasized the need to protect the legal rights of the applicants, noting that they had met the requirements for the court to grant the interim order. The order restrained the respondents from continuing their attempts to remove or actually removing the applicants from their elected membership in the Ecowas Parliament until the main case is heard and decided.

In response to the ruling, the minority leader and head of the Gambian delegation at the Ecowas Parliament, Bilay Tunkara, expressed defiance on his WhatsApp status, stating, “No injunction can stop us. Let them try harder.”

This legal battle highlights the importance of protecting the rights of elected officials and upholding the rule of law. The judiciary plays a crucial role in ensuring that such rights are safeguarded and that due process is followed in all matters of governance. The outcome of this case will not only impact the three lawmakers involved but also set a precedent for similar cases in the future.

It is essential for all parties involved to respect the court’s decision and abide by the rule of law, as it is fundamental to a functioning democracy. The court’s ruling serves as a reminder that no one is above the law, and all individuals, regardless of their position, must adhere to legal standards and procedures.

Read the original article on The Standard

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