Jaja Cham, Former CEO KMC
By Landing Ceesay
The former Chief Executive Officer (CEO) of the Kanifing Municipal Council (KMC), Mr. Jaja Cham, has appealed to the Gambia Court of Appeal, challenging the decision made by the Local Government Commission of Inquiry to imprison him at Mile II Central Prison.
Mr. Cham, who had appeared before the Commission on several occasions, was sentenced to Mile II Central Prison for alleged intimidation and interference with the Commission’s witnesses. He is contesting this decision, asserting that the Commission’s action is unsupported by any law in The Gambia.
“The Commission acted in excess of its jurisdiction when it issued an order for the immediate arrest and committal of the Appellant (Jaja Cham) at Mile II Central Prisons upon an application made pursuant to Section 106(1)() of the Criminal Code Cap 10.01 which orders were ultra vires, null and void,” Jaja Cham said.
Mr. Cham stated that the Commission of Inquiry is not granted any criminal jurisdiction under The Gambia’s Constitution, the Commission of Inquiry Act (Cap. 30:01), or any other law in the country.
He argued that the Commission of Inquiry lacks the authority to arrest, charge, or detain individuals for criminal offenses, as this power is vested in the national security agencies under the Criminal Code.
“The Commission failed to avert its mind to the fact that offences congruent to those under Section 13 of the Commission of Inquiry Act, Cap 30:01, (where alleged) are triable by a Magistrate of the First Class. The Commission does not have power to issue a warrant of committal to Mile II Central Prisons. The Commission acted without regard to the rules of natural justice, the provisions of the Constitution and the Commission of inquiry Act Cap 30:01 under which it was established.
“The Commission of Inquiry violated the rules of natural justice when it made an order of committal against the Appellant without first availing him the right/opportunity to respond to the allegations made against him. The Commission of Inquiry violated the rules of natural justice and established
When it ordered the committal of the Appellant to Mile Il Central,” he said.
Mr. Cham argued that the alleged actions attributed to him occurred ex facie curiae(outside the premises of the Commission) and, as such, required a formal hearing to determine their validity.
He claimed that, despite being present within the Commission of Inquiry’s precincts, he was not called upon to provide evidence.
Mr. Cham further stated that the Commission’s order for his detention at Mile II Central Prisons, coupled with a directive to appear before the Commission on November 14, 2024, to explain why he should not face prosecution, was procedurally improper and an abuse of authority
“The Commission did not indicate the basis of its power to have the Appellant prosecuted for the alleged offence. The Commission’s order establishing a process to be pursued on the 14th November 2024 yet concurrently punishing the Appellant in connection with the process has no legal basis. There was no basis or indication that the Appellant would not willingly have 2024 to show cause as ordered by the on the 14th of November, 2024,” he said.
The former CEO of KMC accused the Commission of failing to act in good faith or maintain impartiality, as required by the principles of fair hearing guaranteed under the Constitution. He stated that the Commission did not provide him with an opportunity to be heard before issuing orders against him.
He claimed the Commission demonstrated bias and acted in bad faith in its dealings with him.
Mr. Cham further contended that the Commission’s committal order relied solely on the testimony of adverse witnesses, denying him a chance to present his side of the story.
“The Commission breached the rules of natural justice and fundamental rights of fair hearing in making the order without notifying the Appellant of the evidence on which it was based or offering him an opportunity to respond to same,” Mr. Cham said.
The Relief sought from the Court of Appeal of The Gambia by Mr. Cham are: An order declaring that the Order of Committal dated 12th November 2024, committing him to the Mile II Central Prisons and for him to be produced on the 14th November to show cause why he should not be prosecuted is null and void: An order setting aside the Order of 12th November 2024.