State Argues Mayor Lowe’s Appeal Against Lg Commission Is Premature

The State has raised a preliminary objection against Banjul Mayor Rohey Malick Lowe’s appeal at the Court of Appeal challenging the adverse findings and recommendations made against her by the commission of inquiry into the Conduct of Local Government Councils, saying it is preamature. 

Lowe is appealing against the whole of the adverse findings of the Commission with the attorney general named as the respondent in the matter.

In the five grounds of appeal, Mayor Lowe argues that the Commission misdirected itself in law and exceeded its jurisdiction. She further contended in her court documents that the Commission held her liable for legal duties not imposed on the office of the mayor by the 1997 Constitution or any other written law and argued that the Commission misconstrued the powers of the mayor under the Local Government Act 2002, and attributed to her responsibilities that the Act vests in the chief executive officer, who is the accounting officer responsible for the day-to-day administration of the council.

The mayor is asking the court to allow the appeal, and set aside all adverse findings and consequential recommendations made against her, and declare the findings unconstitutional, unlawful, null and void.

However, the State in its notice of preliminary objection filed by acting director of civil litigation Patrick Gomez, said it will ask the Court to dismiss or strike out the motion.

The State argue that the preliminary objection is raised on the grounds that the application is “premature, as there is no existing decision, order or act of enforcement” against Mrs Lowe that can be stayed.”

State Counsel Gomez also contended that the reliefs sought are not justiciable at this stage. He further argued that the harm Lowe describes depends on future events and shows no present act that justifies the orders. Lowe’s lawyer Aboulie A Fatty, is expected to reply to the state’s preliminary objections. The appeal itself has been adjourned to 17 November for the adoption of briefs.

By Kexx News