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Sunday, September 25, 2022

NAMs cleared by Supreme court

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By Mafugi Ceesay

In the civil case involving two lawyers, Ibrahim Jallow and Lamin K Mboge, versus 31 members of the National Assembly and the Attorney General, the Supreme Court yesterday partially upheld the defendants’ objections and struck out the names of defendants as parties to the suit to allow them continue their national duties, pending the ruling of the court.

When the case was called before the Coram of the Supreme Court yesterday, Lawyers L.K. Mboge and Ibrahim Jallow appeared for themselves as the plaintiffs whereas Lawyers Bory S. Touray, A.A. Bensouda and Lamin L. Darboe represented the National Assembly members. The Attorney General was represented by the Solicitor-General, Cherno Marenah.

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The Supreme Court refused the prayers of Aziz Bensouda, counsel for the 2nd to 31st defendant that the plaintiffs do not have rights to bring an action at the Supreme Court for a declaration and the objection that the suit brought by the plaintiffs’ case is frivolous.
Borry Touray urged the court for the two cases to be consolidated but the plaintiff refused. Meanwhile, Chief Justice Hassan B Jallow said that can only be decided by the plaintiffs. Lawyer Borry Touray and company agreed to formally write to the plaintiffs seeking their permission.

However the court also disregarded Lawyer Bensouda’s application to grant cost in favour of the defendants since the plaintiffs have no answer to the issue of services, adding that the time of the NAMs was wasted.
This civil action was triggered by the revocation of the nomination of Ya Kumba Jaiteh on the 25th February 2019. The two lawyers (Mboge and Jallow) brought an action against the Attorney General and 31 National Assembly Members including the Majority and Minority Leaders, Sidia Jatta, Ya Kumba Jaiteh, the Deputy Speaker of the NA, Suwaibou Touray, Alagie Darboe, and several others.

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