Commission of Inquiry cannot be sued, Supreme Court declares

Monday, December 03, 2018

The Supreme Court of The Gambia, presided over by Chief Justice Hassan B. Jallow has declared that any party cannot sue the Commission of Inquiry.

The Supreme Court made this declaration last Friday, 30 November 2018 in its ruling in the civil appeal suit filed by Feryale Ghanem against the Commission of Inquiry and the Attorney General and Minister of Justice.

It could be recalled that the Commission of Inquiry, that’s probing the financial dealings of the former President Yahya Jammeh made an interim order to freeze the assets of former President Jammeh and his close associates including the plaintiff; Feryale Ghanem.

The plaintiff; Feryale Ghanem had filed a motion before the country’s apex court seeking redress to overturn the Commission of Inquiry’s order.

The Commission of Inquiry and the Attorney General and Minister of Justice were joined as defendants in the suit but Lawyer Amie Bensouda applied that the Commission of Inquiry cannot and should not be joined in the suit with the Attorney General and Minister of Justice.

In her application, Lawyer Amie Bensouda submitted that the Commission of Inquiry is not a party to any suit in respect of its orders, adding that the Commission of Inquiry has the same powers as the High Court and cannot be dragged to court to defend its decision.

In the ruling last Friday, November 30, 2018, the Supreme Court granted Lawyer Amie Bensouda’s application that the Commission of Inquiry cannot be sued for it decision by a/any party.

After the Supreme Court’s ruling, the applicants counsel, Lawyer Ida Drammeh informed the court that there is a motion that has been filed by the applicant for an injunction and the main suit.

Lawyer Binga D. replied that the entire application made by the applicant’s counsel is to delay the proceedings of the Commission.

Meanwhile, the matter has been adjourned to the 4 December, 2018.

The session was presided over by Chief Justice Hassan B. Jallow, Justice G.B.S Janneh, Justice Raymond C. Sock, Justice Sulayman C. Jallow and Justice Mam Yassin Sey.

Author: Bruce Asemota