By Bruce Asemota
Justice Basirou V.P.Mahoney will today deliver ruling on the suit filed by the Kanifing Municipal Council against the Minister of Lands, Local Government and Regional Integration and the Attorney General and Minister of Justice in the setting up of the commission of inquiry to investigate alleged fraud at the council.
KMC is seeking the court to stop the commission’s proceedings on the grounds of law.
During yesterday’s session, both the counsel for KMC, Yassin Senghore and the one representing the state Binga D made their submissions to the presiding judge on whether to stay or not to stay the proceedings of the said commission.
Yassin Senghore submitted that the Minister’s establishment of the commission was not in accordance with section 151 of the Local Government Act.
Senghore said the application before the court is to determine whether the Commission can proceed with its investigation or not, adding that the Commission of Inquiry was not properly constituted by the right members and also that the jurisdiction of the Commission raises fundamental issues and therefore urged the court to allow the motion and grant a stay of proceedings.
In his response, Lawyer Binga D argued that the members were properly constituted in accordance with section 151 of the Local Government Act.
He referred the court to certain provisions in the Constitution which give the Minister power to set up the said Commission.
He submitted that the chairman of the Commission is a chief Magistrate and he is qualified.
Lawyer Binga argued that the KMC application is an attempt to frustrate and delay the proceedings of the Commission.
He urged the Court to dismiss the application.
Presiding Judge, Basirou V.P.Mahoney adjourned the case to today for ruling.