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Supreme Court to rule on Ya Kumba’s injunction application


Gambia’s top court is set to deliver a ruling on the injunction sought by Ya Kumba Jaiteh to prevent his proposed successor, Foday Gassama, to be sworn in as a National Assemby member.

Jaiteh’s nomination has been revoked by President Adama Barrow but the lawmaker remain defiant that the president’s decision is unconstitutional.

She took a motion to the Supreme Court asking for the court to declare the president’s acts as unconstitutional, also nullify his appointment of Foday Gassama as Jaiteh’s replacement.

While those two motions are being slated for hearing, the court is also hearing an injunction meant to prevent Gassama from being sworn in as a lawmaker.

Ya Kumba is also applying for the court to restraint the Clerk of the Assembly Momodou Ceesay and Speaker Mariama Denton from swearing in Gassama as a nominated lawmaker.

The lead counsel representing Ya Kumba, Borry Touray, said the injunction is necessary because there cannot be 6 nominated members in the lawmaking body as opposed to the five stipulated in the constitution.

And if Gassama is sworn in on March 18 pending the decision of the apex court on his case, the lawmaking body would have found itself in a crisis situation, said Touray.

The state lawyer Binga D had urged the court to refuse the injunction against Gassama’s swearing in saying. Binga said by the nature of Jaiteh’s appointment she is serving in a privilege position.

Binga is of the view that the president’s decision is constitutional and thus it is unnecessary for the court to grant an injunction preventing Gassama’s swearing in.

Meanwhile, the two lawyers also supporting the position of the president, Ebrima Jallow and Lamin Mboge, have also argued for the court to refuse the injunction.

The injunction application is set for ruling on Friday.

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