The Supreme Court of The Gambia is set to resume its session from April 7 to April 10, 2025, presided over by Chief Justice Hassan B. Jallow.
Among the key cases to be heard are Yankuba Touray vs. The State and Kanifing Municipal Council vs. The Ministry of Regional Government, Religious Affairs and Lands, while the Court will also hear Almami Gibba and Others vs. The Attorney General, Sait Matty Jaw and Others vs. The Clerk of the National Assembly and Ministry of Justice, and Coalition of Progressive Gambia and Kexx Sanneh vs. The Attorney General and Clerk of the National Assembly.
Yankuba Touray vs. The State
In Yankuba Touray vs. The State, the Supreme Court will hear Touray’s appeal against the decision of the Court of Appeal, which upheld his conviction for the 1995 murder of former Finance Minister Ousman Koro Ceesay. Touray was sentenced to death by hanging by the High Court on July 14, 2022, a decision later affirmed by the Court of Appeal. Touray now seeks to overturn the Appeal Court’s ruling, arguing that the lower courts failed to properly evaluate the evidence presented during his trial.
Kanifing Municipal Council vs. The Ministry of Regional Government, Religious Affairs and Lands.
The case between the Kanifing Municipal Council and the Ministry of Regional Government, Religious Affairs and Lands involves allegations of improper interference by the Ministry in the Council’s operations. The case will be heard as part of the Supreme Court’s ongoing efforts to address governance and administrative issues.
Almami Gibba and Others vs. The Attorney General
In another high-profile case, Almami Gibba, a Member of Parliament for Foni Kansala, is leading a challenge to the constitutionality of the 2015 amendments to the Women’s Act, which criminalized female circumcision. Gibba and seven others argue that the amendments, which inserted Sections 32A and 32B into the Act, violate the 1997 Constitution of The Gambia, specifically provisions concerning personal rights and freedoms. They are seeking to have these sections declared null and void.
Sait Matty Jaw and Others vs. The Clerk of the National Assembly and Ministry of Justice.
A group of activists, led by Sait Matty Jaw, is challenging the National Assembly’s approval of the 2025 Budget Estimates. They contend that the Speaker of the National Assembly exceeded constitutional limits by allowing the Minister of Finance and Economic Affairs to table the budget outside the prescribed time frame. The petitioners are asking the Supreme Court to declare the late submission of the Budget unconstitutional and illegal.
Coalition of Progressive Gambia and Kexx Sanneh vs. The Attorney General and Clerk of the National Assembly.
The Supreme Court will also hear a challenge against the Commission of Inquiry (Amendment Act) 2023, which grants the President the power to offer amnesty to individuals barred from holding public office by a Commission of Inquiry. The petitioners argue that specific provisions of the Amendment Act, including Sections 19, 20, and 21, contradict several sections of the 1997 Constitution, and assert that the National Assembly exceeded its legislative authority in passing these amendments.
These cases are set to have significant implications for the legal and constitutional framework in The Gambia, and their outcomes will be closely watched by the public and legal experts alike.