The motion filed by Hawa Sisay Sabally, counsel for the appellant, Yusuf Ezideen, a treason convict serving a death sentence at the state central prison Mile 2, was on Wednesday overruled by the three-member panel of judges of the Gambia Court of Appeal.
Hawa Sisay Sabally had earlier queried the position of the new Director of Special Litigation, saying that she will not allow right to audience with the New DSL, Daniel O. Kulo, on the grounds that the creation of the new position was not guaranteed by the constitution of The Gambia.
Counsel further challenged that the Attorney General Chambers has no authority in creating such a position, as it was not in accordance with the constitution of The Gambia.
Daniel O. Kulo, during Wednesday's hearing, brought in his letter of appointment by the Public Service Commission, which confirmed his appointment as director of the newly-created unit at the Attorney General's Chambers.
The president of the Appeal Court, Hon Justice Joseph Wowo, who was sitting with two other judges, Hon Justice B. Kalaile and Hon. Justice Aminata Ngum, in his ruling before both parties read the appointment letter of Daniel O. Kulo, which he adduced came from the Public Service Commission.
Hon Justice Wowo further told the court that the Director of Special Litigations was appointed by a proper body (the Public Service Commission), adding that the discretion lies with the Ministry of Justice and the Attorney General's Chambers to create a position or outline its functions at any department or unit.
"The court's interference at this stage can only amount to interloping in a matter which is outside its jurisdiction," Justice Wowo further stated in his ruling.
Justice Wowo subsequently dismissed the motion for what he described as "lack of merit". The case was then adjourned till 17th December 2010.
It would be recalled that Yusuf Ezideen, a Gambian-Lebanese national, was among the eight men convicted and sentenced to death by Justice Emmanuel Amadi, at the high court in Banjul on 15th July 2010, after the court convicted them for treason.
They are now appealing against their conviction and sentencing at the court of appeal.