By Landing Ceesay
Hon. Justice A. Jallow-Sey of the High Court of the Gambia has granted an ex parte motion filed by Hon. Fatoumatta Njai, Hon. Kebba K. Barrow, and Hon. Samba Jallow. The motion seeks an order to restrain the Clerk of the National Assembly from removing them from their positions in the ECOWAS Parliament.
The motion, dated March 27, 2024, was supported by a 16-paragraph affidavit and two exhibits, labeled HTN1 and HTN 2.
The applicants petitioned the court for an interim order halting the actions of the first respondent (Clerk of the National Assembly), its representatives, agents, or any other involved parties, aimed at removing them from their elected positions in the ECOWAS Parliament. They requested this order to remain in effect pending the hearing and resolution of the formal motion to be submitted by the applicants.
During the motion proceedings, Counsel Lamin J. Darboe, representing Honorable Njai, Honorable Barrow, and Honorable Jallow, argued that his clients’ legal rights, particularly their membership in the ECOWAS Parliament, were under threat, forming the core of the lawsuit.
Counsel Darboe posited that the Respondents (the Clerk of the National Assembly and Attorney General) are taking steps to unlawfully interfere with the rights of his clients as Members of the National Assembly and ECOWAS Parliament.
Furthermore, Counsel Darboe asserted that his clients had filed an Originating Summons seeking declarations and an injunction in response to the respondents’ actions.Counsel Darboe argued that the High Court possesses the authority to preserve the subject matter of a litigation, even without a formal request from either party. Additionally, he asserted that it falls within the inherent power of the court, as the overseer of the legal dispute, to safeguard the subject matter of the lawsuit until a final decision is reached.
In delivering her ruling on the ex parte motion, Hon. Justice Jallow-Sey said she carefully considered the submission of Counsel Darboe and read the 16-paragraph Affidavit in support of the motion sworn to by Hon. Fatoumatta Njai on the 27th March 2024, and the documents exhibited thereto.
“On the whole, I am satisfied that the Applicants’ action clearly denotes the existence of a legal right which must be protected. The Applicants have also fulfilled the requirements to enable this court to exercise its discretion to grant this application.
“Consequently, this application succeeds, and an interim order is granted restraining the Respondents, its servants, agents, or otherwise howsoever from its ongoing attempts to remove or from removing the Applicants from their elected membership of the ECOWAS Parliament pending the filing and hearing of the Motion on Notice,” Hon. Justice Jallow-Sey ruled on the ex parte motion.