Facebook Twitter Instagram
    RSS Facebook Twitter LinkedIn
    GAINAKO
    • Home
      Featured
      By GainakoJanuary 18, 20160

      Profile of Sankulay Jallow – Gambia’s techology man

      Recent
      By Yusef TaylorJuly 28, 20220

      Gambia Chess Federation Fly out to 44th Olympiad in India without Government Support

      By Yusef TaylorJune 21, 20220

      Gom Sa Bopa and Selam Launch PANAF Gambia to Promote Artistic Freedom

      By GainakoMay 25, 20220

      PANAF to be Launched in The Gambia in Partnership with Gom Sa Bopa

    • News
    • Covid 19
    • Politics
    • Human Rights
    • Business Economy
    • Investigations
    GAINAKO
    APRC TRRC Protest Banners
    APRC TRRC Protest Banners (c) MS Bah

    APRC’s Tombong Jatta and Madi Jobarteh at odds over TRRC Chair’s “Illegal” Appointment

    0
    By Yusef Taylor on July 27, 2021 Constitution, Human Rights, News, TRRC

    By Ousman Saidykhan and Yusef Taylor

    The Interim party leader of the Alliance for Patriotic Reorientation and Construction (APRC) has alleged that the appointment of the Gambia’s Truth, Reconciliation and Reparations Committee (TRRC) Chairperson is illegal according to provision 200 and 201  which focuses on the formation of a Commission of Enquiry. However, Civil Society Advocate Madi Jobarteh has argued that provision 200 and 201 does not apply as the TRRC was enacted through provision 100 which focuses on the Legislative Powers of the National Assembly.

    TRRC Chairperson Dr Lamin J. Sise was sworn into office by President Adama Barrow in October 2018 after the TRRC Act was passed by Gambian Parliamentarians in 2017.

    APRC’s Fabakary Tombong Jatta made these allegations during an APRC protest held on Monday 26th July 2021 against the TRRC’s imminent report. The Gambia’s TRRC was enacted to investigate the human rights violations of former President Yahya Jammeh and his regime from 1994 to 2016. Former President Jammeh who is still considered the supreme leader of the APRC fled to Equatorial Guinea after he lost the December 2016 Presidential elections.

    APRC TRRC Protest Banners
    APRC TRRC Protest Banners (c) MS Bah

    Protestors held banners reading “TRRC A PLATFORM FOR POLITICAL AND JUDICIAL PROSECUTION OF APRC” and “TRRC AND NOT POPULARITY CONTEST FOR PRESIDENT”. The demonstration started at the iconic Arch 22 and ended at the Ministry of Justice where their petition was handed over. Speaking at the end of the protest the former Majority Leader stressed that “the appointment of Dr Lamin Sise is illegal”.

    Mr Jatta highlighted that “the 1997 Constitution guides any operations of Government; it is the Supreme Law of the land”. Citing Constitutional Provisions 201 Mr Jatta says “a person shall not be appointed a sole Commissioner or the Chairmen of a Commission of Inquiry unless; (a) he or she is, or has been, a judge of a superior court, whether in The Gambia or outside it; (b) or he or she is qualified to be appointed a judge of a superior court”.

    Fabakary Tombong Jatta (APRC Interim Leader)
    Fabakary Tombong Jatta (APRC Interim Leader)

    However, well-known Advocate Madi Jobarteh opines that “the comment by Fabakary Tombong Jatta that the appointment of the TRRC Chairperson is unconstitutional is false.”

    According to the outspoken advocate Mr Jobateh, “the TRRC was not set up under Section 200 of the 1997 Constitution which has spelt out the criteria for the appointment of a Chairperson of a Commission of Inquiry”. Instead, he argues that “the TRRC was set up by an act of the National Assembly under section 101”. “The TRRC Act has set out its functions, powers, structures and processes. Furthermore, the act spelt out the mode of appointment and qualifications of its Commissioners. Hence the appointment of the Chair and all other Commissioners are in line with the Constitution and the TRRC Act 2017” said Mr Jobarteh.

    Making reference to another Commission Mr Jobarteh says Fabakary Tombong Jatta should “realise that it was the Janneh Commission that was created by section 200 of the Constitution. Therefore let Fabakary stop misleading the public and misinterpreting the [1997] Constitution”.

    Madi Jobarteh, Civil Society Advocate

    Still on his point that the TRRC Chairperson was “illegally” appointed Mr Jatta quoted provision 139 of the 1997 Constitution which stipulates the qualifications for the appointments of Judges.

    According to Mr Jatta, his party conducted investigations which revealed that “Dr Lamin Sise, with all his expertise and experience, is not qualified, among many qualified people to take up that responsibility”. However, Mr Jatta failed to substantiate his allegations that Dr Sise was not qualified to be a judge.

    Gainako made some inquiries into Dr Sise resume and was informed that he is a seasoned lawyer, however, at the time of publishing Gainako couldn’t confirm if Dr Sise was called to the Gambian Bar or qualifies to be appointed as a judge of superior court.

    Seeking advice from a seasoned legal practitioner Gainako was informed that “the only eligibility or qualification criteria under the TRRC Act 2017 for the position of Chairperson is under section 5 (3) (a)” which disqualifies persons “known to be actively involved in a political party (b) bankruptcy (c) conviction of a felony”.

    According to the legal advice received “the TRRC is a creature of a statute and not a Presidential Commission set up under section 200 of the constitution”. However, according to provision 4 of the 1997 Constitution which focuses on the Supremacy of the Constitution, the 1997 Constitution “is the Supreme Law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void”.

    This raises the question of the consistency of provision 200 of the 1997 Constitution and the TRRC Act 2017. One would have expected the Ministry of Justice which tabled the TRRC Bill and the National Assembly that approved the TRRC Act would have made sure that the TRRC Act 2017 is consistent with the 1997 Constitution.

    Post Views: 4,518
    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
    Yusef Taylor
    • Website
    • Facebook
    • Twitter

    Yusef Taylor, commonly known as Flex Dan is an editor and practising journalist based in the Gambia with a keen interest in human rights, the economy and good governance among many others. He continues to break news on the economy, human rights violations and is highly engaged in security sector reforms, constitutional reform and the transition of the Gambia from dictatorship to a democracy, the NewGambia. Yusef has been working with Gainako as a media practitioner from 2015 to date. He has a degree in Civil Engineering with 5 years of Design Consultancy experience.

    Related Posts

    MoJ Confirms Suspension of Adverse Mentions, NAM Questions Security Chief’s Commitment to SSR

    FactSheet: What You Should Know About Yayha Jammeh’s Witch-Hunting Exercise

    FactCheck: Is ‘Ministry Of Finance and Economic Affairs Gambia’ a Pretend Facebook Account?

    Comments are closed.

    CSO Madi Jobarteh Press Conference
    Technological Innovations in the Gambia

    Gainako’s Number Plate Investigation

    • HUMAN RIGHTS
    • HEALTH
    By Yusef TaylorAugust 8, 20220

    MoJ Confirms Suspension of Adverse Mentions, NAM Questions Security Chief’s Commitment to SSR

    By GainakoAugust 8, 20220

    FactSheet: What You Should Know About Yayha Jammeh’s Witch-Hunting Exercise

    By GainakoAugust 6, 20220

    NHRC Chairperson Warns that “We Might be Sliding Back to the Jammeh Era”

    By Yusef TaylorAugust 5, 20220

    NHRC: More Improvements Recommended in Gambia’s UPR Midterm Assessment Report

    By Yusef TaylorAugust 5, 20220

    NHRC: More Improvements Recommended in Gambia’s UPR Midterm Assessment Report

    By GainakoAugust 4, 20220

    COVID-19 Vaccine Targets 60 Mobile Border Communities in North Bank and Upper River Region

    By GainakoAugust 1, 20220

    Food Bank Gambia – Community Outreach for Flood Victims

    By GainakoAugust 1, 20220

    Bakau Flood Victims Call on Authorities for Urgent Support

    GP Reviews “Cashing in on Chaos” Report

    Covid: Virements are Illegal says FPAC

    Fantanka Health Fair – Sanchaba Sulajobe

    • Corruption
    • Investigations
    By GainakoJune 29, 20220

    Global HOMM Debunks Government’s Ownership Claims of Bijilo Property

    By GainakoMay 24, 20220

    Gambia Government to use E-Government Strategy to Combat Corruption

    By GainakoApril 30, 20220

    What Lessons have we learnt from the GOTG 2017 Audit Report?

    By Yusef TaylorApril 24, 20220

    “There is a General Lack of Accountability” says Auditor General

    By Yusef TaylorAugust 8, 20220

    FactCheck: President Barrow Promises to Fix Banjul Floods and Open Gutters

    By Yusef TaylorJuly 18, 20220

    FactCheck: Who Owns the Former ACU-occupied Land Identified for a US$100 Million OIC Hotel?

    By Yusef TaylorNovember 12, 20210

    UDP’s Ousainu Darboe Declares over D31 Million to the IEC

    By Yusef TaylorNovember 7, 20210

    Billionaire Candidate Essa Faal Declares Over D1.4 BILLION to IEC

    Victim Center on FTJ & Seedy Njie
    1st Sitting of 6th Legislature
    About

    GAINAKO

    GAINAKO is a news platform that serves you up to date news from Gambia, Africa and the World.

    FOLLOW US:

    Twitter LinkedIn RSS
    Recent Posts
    By Yusef TaylorAugust 8, 20220

    MoJ Confirms Suspension of Adverse Mentions, NAM Questions Security Chief’s Commitment to SSR

    By GainakoAugust 8, 20220

    FactSheet: What You Should Know About Yayha Jammeh’s Witch-Hunting Exercise

    By Yusef TaylorAugust 8, 20220

    FactCheck: President Barrow Promises to Fix Banjul Floods and Open Gutters

    Most Viewed Posts
    • Breaking News: Gambia Gov’t Cancels over 270 Gambian Diplomatic Passports Issued by the Former Regime (69,200)
    • Joint Press Statement By Cherno Njie and Alhagie Saidy-Barrow (66,375)
    • Breaking News: Jammeh threatens to Shutdown Banjul Airport ahead of January 19th Inauguration (55,930)
    A Creation of NEXT DESIGN LAB | Copyright © 2021 Gainako Online Newspaper.
    • News
    • Politics
    • Entertainment

    Type above and press Enter to search. Press Esc to cancel.