Thursday, December 12, 2019

Has Any Case Regarding Ya Kumba Jaiteh Been Thrown Out Of Court?

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QUESTION OF THE DAY

The answer to this question is in the negative. No case regarding the constitutionality or unconstitutionality of the revocation of the nomination of Ya Kumba Jaiteh brought to the Supreme Court has been thrown out.

There are two cases before this court on this matter. Ya Kumba Jaiteh filed a suit in this court claiming that the revocation of her nomination by the President is unconstitutional and that she should continue occupying the seat and while Foday Gassama should not be allowed to do so.

Since Foday Gassama was to be sworn-in on Monday, 18th March, she applied to the court to prevent this from happening by issuing an interim order restraining the Speaker and the Clerk from doing so, pending the final determination of the substantive case. But the court refused to do so and has scheduled to hear the substantive case of Ya Kumba that her removal is unconstitutional on 26th March, 2019.

The second case is filed by Lawyers Mboge Jallow. They want the Supreme Court to declare that the revocation of the nomination of Ya Kumba Jaiteh is constitutional and to enforce it. They sued thirty NAMs who allegedly signed a resolution but the court struck out their names from the case, leaving only the Attorney General and Ya Kumba Jaiteh as defendants.

This case is also scheduled for hearing on 26th March and the court has suggested that they agree to join the two cases to one.

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