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City of Banjul
Wednesday, November 25, 2020

Bazzi, Mazegi appeal against Commission’s restrain order

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By Baba Sillah

Businessman Muhammed Bazzi and Fadi Mazegi have filed an appeal against the interim order placed on their properties by the Janneh Commission last week.

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The appeal, which was filed by Lawyer Loubna Farage on behalf of the appellants before the Court of Appeal, seeks for the court to grant a stay of execution of interim order by the Janneh Commission pending the appeal of the honourable court.

The appellants further seek for the granting of an interlocutory to restrain the respondents from acting on the said two interim orders or taking any action against the appellants that would prejudice the status quo pending the determination of the appeal.

According to the grants of appeal, the Commission acted in excess of its jurisdiction when it issued the two orders. They also contended that the Constitution did not give powers to the Commission of Inquiry to issue interim orders restraining the appellants, witnesses to the commission, from dealing with any and all of the appellants’ assets in and out of The Gambia.

They further challenged that the Commission of Inquiry does not have cross-jurisdictional powers to freeze the appellants’ business assets or other assets outside The Gambia.
They further claimed that the Commission erred in law and acted in a manner which was contrary to the provisions of the Constitution and the Commission of Inquiry acted on Cap 30: 01 under which it was established.

Messrs Bazzi and Mazegi further contended that there was no power under the Commission of Inquiry authorising the Commission to issue interim orders by way of injunction to prevent them from dealing with any and all of their assets in and outside The Gambia.

Last week the Janneh commission said by virtue of its mandate, it is duty bound to investigate the activities of Bazzi, Mazegi and Amadou Samba because witnesses before the commission testified that they are close associates of the former President Jammeh.

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