The Supreme Court began to hear the legal challenges posed by the coalition of progressive Gambian and journalist Kemesen Sanne to the Attorney General and the Secretary of the Parliament.
The lawsuit challenges the Investigation (Amendment) Act of 2023. This grants the president’s authority to grant pardon to individuals who have been banned from public office by the Committee of Inquiry.
The applicant argues that Sections 19, 20, and 21 of the amended Act are inconsistent with Sections 200-206 of the 1997 Constitution.
They seek to declare that these provisions are unconstitutional, very ultra viruses and therefore invalid. The plaintiffs argue that by passing provisions that effectively undermine the binding nature of the Committee’s findings, the Parliament has surpassed its legislative duties.
Ramin J. Darbaud, senior adviser representing the plaintiff, notified the court that the complaint had been filed on March 21, 2025, and sought permission to file a claim statement after the deadline. He supported the move with a 12-paragraph affidavit sworn by Everyma Chat.
Judge Hassan B. Jarrough questioned the validity of the later submission. In response, lawyer Darbaud argued that the case served public interest and justice. While frequently opposed the delay in the name of public interest, the Supreme Court justice allowed Darbo to proceed with the motion after he apologized.
The court noted the procedural errors in the headlines of the movement, which listed the parliamentary clerk as the first defendant, but introduced the body to the Ministry of Justice. Darbo acknowledged the contradiction and requested that paragraphs 3 and 4 be revised. The state did not oppose it, and the amendment was granted.
Further objections have been raised by state advisor Wakawa. Wakawa noted that the lawyers mentioned amending the “corrected statement of the case” despite the initial statement already being issued. Darbo has made it clear that he is accepting the amendments and is about to amend the current statement of the case.
The court accepted the amendment and postponed the proceedings until April 10, 2025, giving the state time to submit their responses.
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