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Amnesty for persons banned from holding public office

Dec 27, 2023, 11:07 AM

According to the Janneh Commission, “a person who is serving a ban from holding Public Office pursuant to a finding by a Commission of Inquiry issued under this Act, may apply for a commutation of the ban in writing to the Minister.”

“Upon receiving such application, the Minister shall present it to the President as soon as possible for consideration,” the Comission.

“The President may upon consultation with Cabinet commute the whole or any part of the ban imposed on such person.”

“Where the president in consultation with cabinet commutes the whole or part of the ban imposed on the person – The minister shall within one week from the date of such decision publish the decision in the gazette, and update the second schedule hereto accordingly.”

Under section 21, the Commission states: “A person may make an application for amnesty under section 19 if – he or she is serving a ban pursuant to a finding by a Commission of Inquiry established under this Act; has not had findings made against him or her that involve the commission of gross human rights violations; has served at least three years of his or her ban; has not had any adverse findings made against him or her by a subsequent Commission of Inquiry issued under this Act or any other law, and has not been convicted for an offence during the period of the ban.”

“A commutation under this section shall not expunge the findings pursuant to which the ban was made.”