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Published On: Thu, Apr 4th, 2024

High Court Grants Interim Orders to Protect Elected National Assembly Members of ECOWAS Parliament

Yesterday at the High Court, Justice Jallow Sey Made a ruling restraining the clerk of the National Assembly along with the Attorney General from removing Fatoumata ‘Touma’ Njie of Banjul South, Samba Jallow of Niamina West, and Kebba Barrow of Kombo South from the Ecowas Parliament until the hearing and determination of the motion on notice filed by the applicants.

Counsel Lamin J Darboe representing the applicants, filed a motion arguing the legal rights of the applicants being members of the ECOWAS Parliament is  under threat as a result of the unlawful interferance with the right of the applicants by the clerk/ minister of justice. Hence base on the conduct of the clerk, the applicants had filed an Originating Summons seeking declarations and injunctions.

Counsel Darboe further stated that the court has the jurisdiction, even without a formal application from either party to preserve the subject matter of the litigation before it, as it falls within the court’s inherent jurisdiction.

Justice Jallow Sey highlighted that after careful consideration of the affidavit and evidence presented, he has found that the applicants had a legal right that required protection from the court and that they had fulfilled the requirements for the court to grant the application.

Last week, the three NAMs  Fatoumata Touma Njie of Banjul South, Samba Jallow of Niamina East, and Kebba Barrow of Kombo South filed a lawsuit at the high court against the Clerk of the National Assembly and the Attorney General over their “illegal” removal from the Ecowas Parliament without due process. Fatoumatta Touma Njie  was replaced by nominated member Maimuna Ceesay, Samba Jallow replaced by Amadou Camara and Kebba K.K Barrow was replaced by Billy G. Tunkara.

The Members accused the assembly in January 2024 of removing them from the ECOWAS Parliament incorrectly. They are seeking a declaration from the high court that the efforts by the Clerk of the National Assembly to remove them from their elected membership in the ECOWAS Parliament are discriminatory, unconstitutional, null, and void.

Additionally, they are asking for a court order to restrain the Clerk, his servants, and others from trying to remove them from their elected membership of the regional parliament and are demanding reimbursement of their legal.

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