The lawsuit was filed by the Coalition of Progressive Gambians, activist Kemeseng Sanneh, alias “Kexx”, and prominent Constitutional lawyer Lamin J. Darboe.
The lawsuit challenged Sections 19, 20, and 21 of the amended 2023 Act, which allow individuals serving public office bans such as those indicted under the Janneh Commission to petition the Minister of Justice for an executive commutation.
The plaintiffs argued that the National Assembly exceeded its authority. They contended that granting the executive power to override the findings of independent commissions violated Sections 200–206 of the 1997 Constitution and directly undermined institutional accountability.
However, the Supreme Court dismissed the application and ruled that sections 19, 20 and 21 did not violate the constitution. The Supreme Court affirmed the Parliament’s power to amend the Commission of Inquiry Act.
Shortly after the Supreme Court’s ruling, Counsel Lamin J. Darboe said he still believes that the Commission of Enquiry Amendment Act is unlawful.
Counsel LJ Darboe said he accepted the judgement by the Supreme Court but he did not agree with it.
“The Commission of Enquiry Amendment Act actually didn't amend the Constitution because it cannot do that. It cannot amend the constitution. It amended the Commission of Enquiry Act, but I am not aware of any Commission of Enquiry that was instituted by President Barrow. I cannot remember that,” Counsel LJ Darboe responded.
