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Friday, February 26, 2021

Activista applies to join suit against D54M NA loan scheme

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By Bruce Asemota

Another group, Activista The Gambia, has applied to the Supreme Court of the Gambia to be joined as a party to the D54.4 million National Assembly loan suit as friend of the court.

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The legal counsel for Activista, Abdoulie Fatty moved a motion and submitted that the application was supported by 10 paragraph affidavits deposed to by one Alagie S. Nyang, a Gambian and that they relied on all the paragraphs, particularly paragraphs 4, 6, 7 and 8.

He submitted that the purpose of their application is to assist the Supreme Court on such an important issue concerning the public lives of Gambians.

He urged the Supreme Court to grant the application.

He also cited the case of Yankuba Touray and pointed out that both cases invoked constitutional issues, which concern public lives and interest.

He submitted that he relied on section 5 subsection 1-6 and section 27 of the Constitution.

Lawyer Ida Drammeh, counsel for the clerk of the National Assembly opposed Activista’s wish to be joined in the suit as a friend of the court.

She submitted that the court should not allow Activista to be joined, noting that the Attorney General is a party to the suit and it can assist the court to arrive at a just decision.

She further submitted that

In its submission, Binga D of the Attorney General’s Chambers submitted that they were not opposed to them being joined as a party to the suit if they could assist the Supreme Court in arriving at a just decision.

Lawyer Hawa Sise-Sabally also made similar submissions, and referred the court to the case of UDP (one) versus the Attorney General (one) reported in the Gambia Law Report on pages 789.

She therefore urged the court to grant Activista application, noting that the matter is of great interest to the nation.

Meanwhile, the Supreme Court adjourned the ruling to 26 January, 2021 to decide whether Activista would be joined to the suit.

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