By Arret Jatta
The Chief Justice of The Supreme Court Hon Hassan B Jallow, has dismissed the defendants’ attempt to strike out the plaintiff’s reply in the case of Auditor General Modou Ceesay, and the Attorney General, Inspector General of Police and Cherno Amadou Sowe.
The ruling, allows the case to proceed, with the defendants given leave to file a rejoinder to the plaintiff’s reply.
The defendants had argued that the reply was not provided for in the rules of the Supreme Court, but the Chief Justice ruled that the court had the authority to issue orders necessary to regulate its procedure and ensure due process and fair hearing.
“The filing of a reply by the plaintiff was made pursuant to an order of this court. The statement of case and the reply thereto are only allegations of fact which need to be established by evidence, whether oral or affidavit,” Chief Justice Jallow stated.
The Chief Justice also noted that the court had given the plaintiff leave to file a reply, and that the defendants had been given an opportunity to respond to the allegations made in the reply.
“The court finds and holds that the preliminary objection of the Defendants/Applicants to the filing of the reply is inadmissible and is hereby dismissed,” Chief Justice Jallow ruled.
He added that ”the defendants should be given an opportunity to file a rejoinder, if they so wish, to the reply of the plaintiff.”
The case is expected to proceed at the Supreme Court tomorrow.
