By Yusef Taylor, @FlexDan_YT
Three National Assembly Members filed a lawsuit against the Clerk of the National Assembly at the High Court earlier this week, 26th March 2024. The three applicants in the case are Hon Fatoumatta Njai of Banjul South, Hon Kebba K Barrow of Kombo South and Hon Samba Jallow of Niamina Dankunku who are seeking to be reinstated to the ECOWAS Parliament.
According to a letter from the Clerk of the National Assembly, Momodou A Sise, addressed to one of the suing lawmakers, Speaker Jatta received a letter from the Speaker of the ECOWAS Parliament that “the current term of the 5th Legislature of the ECOWAS Parliament [ended] on 8th March 2024”.
Responding to the letter, Speaker Jatta sent a list to the Speaker of the ECOWAS Parliament which excluded the three suing representatives and replaced them with Hon Maimuna Ceesay (Nominated Member), Hon Amadou Camara of Nianija and Hon Sheriff Sarr of Jeshwang.
Being selected for the ECOWAS Parliament and other bodies which require travel comes with additional benefits which make them very attractive to members.
High Court Law Suit Against Clerk
After their removal, the Lawyer representing the three lawmakers, Lamin J Darbo of Dabanani Chambers filed an originating summons seeking “a declaration that the attempts by the Clerk to remove the [three lawmakers] from their elected membership of the ECOWAS Parliament is discriminatory, unconstitutional, null and void”. Another originating summons calls for “an order restraining the” Clerk and other Officials “from its attempts to remove the Applicants from their elected membership of the ECOWAS Parliament”.
The Affidavit in Support of the Legal suit signed by Hon Njai and supported by the other two applicants highlights thirty points proving their case. They argue that “the list of approved Committees was released to National Assembly Members and on all official communications including the National Assembly website as was approved from 2022 to 2027”.
Our research has unearthed Parliament’s Approved List of Committees and Membership [2022-2027] which lists five members of the ECOWAS Parliament namely; Hon Billay G Tunkara (Head of Delegation), Hon Alhagie S Darbo, Hon Kebba K Barrow, Hon Samba Jallow and Hon Fatoumatta Njai.
After the 2022 Parliamentary Elections, the three lawmakers allege that “there was an attempt to remove the Applicants from continuing to serve The Gambia at the ECOWAS Parliament”.
Their Affidavit argues that their removal “was not possible under Article 18(2) (2) which states that “a Representative shall be elected for a period of four (4) years from the date of the inauguration of the Parliament by the Chairman of Authority” and that “their mandate shall end on the last day of the Legislature. However, a Representative who is not re-elected at the national level shall remain in office until a new Representative from his/her Member State takes up the position”.
The legal document notes that “under Article 18 (3) there were only two vacancies as two of the original five elected by the National Assembly of The Gambia to serve at the ECOWAS Parliament lost their seats in The Gambia’s 2022 National Assembly elections”.
Critically, the Affidavit argues that the Plenary debated and adopted the membership of the three lawmakers. However, another process to amend this list was undertaken but a revised list was not approved by the Plenary which according to Standing Order 29 (3) “it shall be out of order to attempt to reconsider any specific question upon which the Assembly has taken a decision during the current session except upon a motion to rescind that decision for which notice must be given”.
Clerk Denies Wrongdoing
According to Clerk Sise’s letter “the Chairperson of Foreign Affairs Committee of the ECOWAS Parliament Senator Edwin Snow visited the Gambia and held talks with the Rt. Hon Speaker and appealed to The Gambia to allow the said Members complete the term at the expense of the approved delegation by the plenary”.
The letter adds that “at the expiry of the term of ECOWAS Parliament, all National Parliaments are required to send in delegation whether it includes Members of the previous delegation depends on Parliament’s approval”.
In Clerk Sise’s view, the members’ “claim that such a decision should be tabled before the plenary for approval is simply a calculated attempt to create confusion in a bid to establish you and your colleagues as the only worthy representatives of the National Assembly without due regard to other National Assembly members equally worthy of representation. The Committee of Selection has not by its current decision altered or amended what has already been approved at plenary. Instead, it is merely enforced it”.
“In this regard, I did not see any ‘unlawful removal’, I see the restoration of sanity and the adherence to the rules of procedure of the National Assembly”.
It appears that Clerk Sise’s resignation is being called for when he responded to say: “it is for this reason that I consider your call for my resignation as a diversion from the issues at hand. Again, it is a smear campaign against me with the objective to blindfold the public away from the material issue at hand”.