Gambia News Community - Have your say!
|
|
L/GOV’T ACT APPEAL REJECTED Wednesday, February 13, 2008 The Supreme Court, presided over by Justice Jones Dotse and four other judges, yesterday turned down a motion filed by the two main opposition parties and the minority leader of the National Assembly. The three plaintiffs - United Democratic Party (UDP), National Reconciliation Party (NRP) and Momomdou K Sanneh, minority leader and NAM for Kiang West Constituency - were battling it out at the Supreme Court over a ruling on the amendment to the Local Government Act. The lawyer of the trio filed a motion at the country’s highest court, seeking a review of the ruling by the Chief Justice Abdou Karim Savage, who had earlier ruled in favour of the defendants (including the IEC) that the suit filed by the plaintiffs was incompetent. In Tuesday’s verdict, delivered by the lead judge, Justice Dotse, the court confirmed that it has looked into the submissions by both the defence counsel, Emmanuel Fagbenle, who is the director of Public Prosecution, and Lawyer Ousainou Darboe, counsel for the plaintiffs. Justice Dotse said the panel has upheld the preliminary objection of the defence counsel, after a thorough reading and examination of the submissions by both parties. He described the suit as incompetent and then proceeded to dismiss it accordingly. The learned judge relied on Section 8 (2) of the Supreme Court Act 1990, which according to him, requires that an “application for a review can only be heard by a Supreme Court constituted by nothing less than seven judges”. However, the judge pointed out that the plaintiffs’ suit lacks competence as their application indicates that the matter should be heard by a panel of five judges. He added that it is the duty of the court to ensure that the plaintiffs have an opportunity to be heard by a properly constituted court. “The court gives you the opportunity to file in a fresh application before a seven-man panel of the Supreme Court within 14 days”, Justice Dotse concluded. Author: by Sanna Jawara & Buya Jammeh |
|
Back and Next - Back and Next
See Also - See Also|
|