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Momodou



Denmark
9072 Posts

Posted - 28 Nov 2018 :  13:25:29  Show Profile Send Momodou a Private Message  Reply with Quote
Counsel Bensouda: Jammeh forced GNPC, GPA & SSHFC to buy shares in Gam Petroleum

The Point: Wednesday, November 28, 2018


http://thepoint.gm/africa/gambia/article/counsel-bensouda-jammeh-forced-gnpc-gpa-sshfc-to-buy-shares-in-gam-petroleum

Counsel Amie Bensouda yesterday told the Janneh Commission that the former president, Yahya Jammeh, forced GNPC, GPA, and SSHFC to buy shares in Gam Petroleum.


Continuing her address, Mrs. Bensouda referred the commission to the 50% markup on Global Trading Group (GTG); adding that GTG was required to pay Heavy Fuel Oil (HFO) to NAWEC.

She submitted that GTG failed to build the storage tank as agreed and the premium was reduced to 3%. She said Muhammed Bazzi, the proprietor of GTG, who had the responsibility in managing NAWEC, was aware of the 3% markup and that GTG had not produced any evidence to show that they had a contract with NAWEC.

According to her, Mr. Abdoulie Jobe, former managing director of NAWEC, informed the commission about the IPP and that there was a licence and an agreement with PURA. She said during the process, NAWEC wrote to the office of the former president, noting that one could infer that the management of NAWEC was subdued under duress.

She said the generators were second-hand machines and the price at which they were bought were too high, which she said was confirmed by Mr. Fadi Mazegi; adding that GTG charged NAWEC $720,000 per month while the energy charge was 41.1 cent per hour.

Lead Counsel Bensouda argued that Mr. Abdoulie Jobe sent a letter to the office of the former president indicating the capacity charge, and that GTG had to provide the demonstrated capacity which was not done.

She further submitted that $12,000,000 was spent on HFO while the total investment was to the tune of $17.5m. She adduced that there was a directive from the Ministry of Energy that NAWEC should stop the investment with GTG, and that no further capacity charge should be made according to the directive.

Mrs. Bensouda argued that GTG submitted a proposal to hand over the facility to NAWEC and NAWEC could have had a better contract with SSHFC than that of the GTG. She alleged that there was no evidence that GTG was compelled to hand over the Power Plant to NAWEC as earlier alluded to by Bazzi’s attorney, Victoria Andrews.

She went on to say that an outstanding capacity charge was $8,000,000 with a total of over $9,000,000, noting that GTG was able to secure the agreement and that a document dated 6th March, 2010, indicated that GTG paid $1,000,000 into the account of the former president as well as $500,000.

According to her, the markup was not justified for NAWEC to pay as charged by GTG because the generators were old. She wondered how could the office of the former president order NAWEC to sign a contract with GTG, and that NAWEC was paying 61% from its revenue to GTG.

On the letter written by Mr. Muhammed Bazzi to the former president regarding the tariff, it was stated that he and his company were responsible for the operations of NAWEC. She went on to say that Mr. Bazzi said the former president wrote to him in response to his letter that he was humiliated, and that the exclusivity was guaranteed by GTG.

She submitted that GTG paid $500,000 into the account of Kanilai Group International (KGI), and it was the language of Mr. Bazzi that GNPC was an exporter and a retailer. However, she said there was no evidence to show that Mr. Bazzi and his team were arrested and detained at the National Intelligence Agency (NIA).

She further stated that they could not understand why the government should hand over NAWEC to GTG, noting that Messer. Mamburay Njie, and Momodou B. Jallow testified that they were invited to a meeting to discuss the contract between NAWEC and GTG.

Mrs. Bensouda submitted that it was amazing that Mr. Bazzi did not know what a conflict of interest was, noting that the agreement did not say that GTG was just an adviser. She argued that Mr. Alagie Conteh accused Mr. Bazzi of inflating the tender on the contract to provide electricity, and that there was evidence that the price was inflated as Mr. Conteh testified.

On the extension of the exclusivity licence for the importation of fuel by Euro Africa Group, she revealed that it was extended on the 10th of August, 2010. She added that Mr. Mazegi said payment had been made by SSHFC and the sum of $3,300,000 was transferred from SSHFC account.

Commission Counsel Bensouda further stated that Mr. Bazzi said that there was a directive from the office of the former president for SSHFC to purchase generators on behalf of NAWEC, and the said generators were not delivered until March, 2018. She said GTG did not pay any guaranty and the generators were not installed, because GTG needed €1.8m, and that the contract should have been completed within eight months.

She alleged that the project expiry date was extended several times, further submitting that there was no single matter as submitted by counsel Andrews that GTG had genuine contracts with NAWEC.

On Gam Petroleum, she submitted that Mr. Amadou Samba told the commission that he was not involved in the daily transaction of the company, and that Mr. Bazzi said there was a major investment to build Gam petroleum depot.

According to her, there was nothing in the file to show that MA Kharafi was interested in the construction of the storage facility, noting that the contract was done at the request of the former president, and there was no agreement signed and it was not clear who the share holders were and how much they held.

She said the executive has no power to interfere or direct any public enterprise to invest in such enterprises; adding that there was no evidence to show that there was reluctance to sell shares in the company.

Mrs. Bensouda submitted further that Gam petroleum was controlling the depot and the management of the company, stating further that dividend could not be paid and expenditure was deflated. She said the audit report by DT Associates revealed that Gam petroleum did not produce documents on their expenditures.

According to her, the sum of $24,000,000 worth of fuel belonging to TOSTA was supplied to Gam petroleum by GNPC and this was based on the fact that there was an emergency.

On the Mandinary land where the depot is situated, she said government did not own the said land and could not compulsorily take a land and give it to Gam Petroleum, further stating that all what they promised to the villagers at Mandinary were not honoured. However, she said the land was valued at D6.8m but the proprietors were only given D1,000,000 as compensation.

She also addressed the commission on the ownership of the “Daily Observer” Newspaper.

Sittings continue on Thursday 29th November, 2018.

Author: Dawda Faye

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9072 Posts

Posted - 29 Nov 2018 :  09:40:08  Show Profile Send Momodou a Private Message  Reply with Quote
AT THE JANNEH COMMISSION: Commission Counsel Bensouda Continues Marathon Address

Foroyaa: November 28, 2018

By Momodou Dem

http://foroyaa.gm/at-the-janneh-commission-commission-counsel-bensouda-continues-marathon-address/

Commission Counsel Amie Bensouda, yesterday November 27th 2018, continued her marathon address before the ‘Janneh’ Commission. Commission Counsel Bensouda intimated that the executive has no power to interfere in public enterprise’s investments.
In her address, Bensouda referred the Commission to the 50% mark-up on Global Trading Group (GTG); that GTG was required to pay Heavy Fuel Oil (HFO) to NAWEC. She submitted that GTG failed to build the storage tank as agreed and the premium was reduced to 3%; that Muhammed Bazzi, the proprietor of GTG, who had the responsibility of managing NAWEC, was aware of the 3% mark-up and that GTG had not produced any evidence to show that they had a contract with NAWEC.
According to her, Abdoulie Jobe, former Managing Director of NAWEC, informed the Commission about the IPP, and that there was a license and an agreement with PURA. She said during the process, NAWEC wrote to the office of the former president, noting that one could infer that the management of NAWEC, subdued under duress.
She said the generators were second-hand machines and the price at which they were bought, were too exhorbitant which she said, was confirmed by Fadi Mazegi; that GTG charged NAWEC $720,000 per month while the energy charge was 41.1 cent per hour.
Commission Counsel Bensouda argued that Abdoulie Jobe sent a letter to the office of the former president indicating the capacity charge; that GTG had to provide the demonstrated capacity which was not done.
She further submitted that $12,000,000 was spent on HFO, while the total investment was to the tune of $17.5m; that there was a directive from the Ministry of Energy that NAWEC should stop the investment with GTG, and that no further capacity charge should be made. Bensouda argued that GTG submitted a proposal to hand over the facility to NAWEC and NAWEC could have had a better contract with SSHFC, than that of the GTG. She alleged that there was no evidence that GTG was compelled to hand over the Power Plant to NAWEC, as earlier alluded to by Bazziz’s attorney, Victoria Andrews. She went on to say that an outstanding capacity charge was $8,000,000 with a total of over $9,000,000, noting that GTG was able to secure the agreement; that a document dated 6th March 2010, indicated that GTG paid $1,000,000 into the account of the former president as well as $500,000.
According to her, the mark-up was not justified for NAWEC to pay as charged by GTG, because the generators were old. She wondered how could the office of the former president order NAWEC to sign a contract with GTG, and that NAWEC was paying 61% from its revenue to GTG.
On the letter written by Muhammed Bazzi to the former president regarding the tariff, it was stated that he and his Company were responsible for the operations of NAWEC. She went on to say that Bazzi said the former president wrote to him in response to his letter, that he was humiliated, and that the exclusivity was guaranteed by GTG.
She submitted that GTG paid $500,000 into the account of Kanilai Group International (KGI), and it was the language of Bazzi that GNPC was an exporter and a retailer. However, she said there was no evidence to show that Bazzi and his team were arrested and detained at the National Intelligence Agency (NIA).
She further stated that they could not understand why the former Government should hand over NAWEC to GTG, noting that Messrs Mamburay Njie, and Momodou B. Jallow, testified that they were invited to a meeting to discuss the contract between NAWEC and GTG.
Bensouda submitted that it was amazing that Bazzi did not know what conflict of interest was, noting that the agreement did not say that GTG was just an adviser. She argued that Alagie Conteh accused Bazzi of inflating the tender on the contract to provide electricity, and that there was evidence that the price was inflated as Conteh testified.
On the extension of the exclusivity license for the importation of fuel by Euro Africa Group, Bensouda revealed that it was extended on the 10th of August 2010; that Mazegi said payment had been made by SSHFC and the sum of $3,300,000 was transferred from SSHFC’s account.
Commission Counsel Bensouda further stated that Bazzi said there was a directive from the office of the former president for SSHFC to purchase generators on behalf of NAWEC, and the said generators were not delivered until March, 2018. She said GTG did not pay any guaranty and the generators were not installed because GTG needed €1.8m; that the contract should have been completed within eight months.
She submitted that the project expiry date was extended several times, further submitting that there was no single matter as submitted by counsel Andrews, that GTG had genuine contracts with NAWEC.
On Gam Petroleum, Bensouda submitted that Amadou Samba told the Commission that he was not involved in the daily transactions of the Company, and that Bazzi said there was a major investment to build the Gam petroleum depot.
According to her, there was nothing in the file to show that MA Kharafi was interested in the construction of the storage facility; that the contract was done at the request of the former president, and there was no agreement signed; that it was not clear who the shareholders were and how much they held. She said the executive has no power to interfere or direct any public enterprise to invest in such enterprises; that there was no evidence to show that there was reluctance to sell shares in the Company.
Bensouda submitted that Gam petroleum was controlling the depot and management of the Company; that dividend could not be paid and expenditure was deflated. She said the audit report by DT Associates reveal that Gam petroleum did not produce documents of their expenditures.
According to her, the sum of $24,000,000 worth of fuel belonging to TOSTA, was supplied to Gam petroleum by GNPC, and this was based on the fact that there was an emergency.
On the Mandinary land where the depot is situated, she said the former Government did not own the said land and could not compulsorily take a land and give it to Gam Petroleum; that all what they promised to the villagers of Mandinary was not honoured. She however said the land was valued at D6.8m but the proprietors were only given D1,000,000 as compensation.
Bensouda further addressed the Commission on the ownership of the “Daily Observer” Newspaper.
Sittings continue on Thursday November 29th 2018.

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9072 Posts

Posted - 29 Nov 2018 :  09:41:39  Show Profile Send Momodou a Private Message  Reply with Quote
Supreme Court To Hear Cases Against ¡®Janneh¡¯ Commission Today

Foroyaa: November 28, 2018

By Yankuba Jallow

http://foroyaa.gm/supreme-court-to-hear-cases-against-janneh-commission-today/

The Gambia Supreme Court will today hear for the first time, the case of Muhammed Bazzi, Fadi Mazegi and Loxly Epie, against the ¡®Janneh¡¯ Commission of Inquiry.

Muhammed Bazzi and Fadi Mazegi are aggrieved with the decision of the Commission of Inquiry, probing into the financial dealings of ex-president Jammeh and his close associates.

The two appellants filed an appeal at the Gambia Court of Appeal to quash the order of the Commission, but things did not go in their favour. Now before a quorum of the Supreme Court headed by Chief Justice Hassan B. Jallow, the case is set for mention.

The Court comprises Justice Hassan B. Jallow, Justice G.B.S. Janneh, Justice R.C. Sock, Justice Cherno Sulayman Jallow, Justice Nicholas Colin Brown-Marke (from Sierra Leone), Justice Abubakar Datti Yahaya (from Nigeria) and Justice Mamyassin Sey. Muhammed Bazzi will be represented by Loubna Farage and Fadi Mazegi will be represented by Lawyer Andrews.

Other cases to be heard by the Court today include, Feryale Ghanem versus the ¡®Janneh¡¯ Commission. The appellant will be represented by Lawyers Ida Drammeh and Yassin Senghore.

Loxly Epie versus the Central Bank of the Gambia, will also be heard today. Lawyer Hawa Sisay Sabally will be the Counsel for the appellant.

According to a press release issued by the Office of the Chief Justice, thirty matters have been scheduled to be heard during the session. Ten of these are criminal appeals, three are civil suits relating to Commissions of Inquiry and the remaining 26 are civil appeals. The session will close on 7 December, 2018.

Read Foroyaa's subsequent publications for more information on these cases.

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9072 Posts

Posted - 29 Nov 2018 :  14:24:31  Show Profile Send Momodou a Private Message  Reply with Quote
Supreme Court hears motion against Commission of Inquiry


The Point: Thursday, November 29, 2018

http://thepoint.gm/africa/gambia/article/supreme-court-hears-motion-against-commission-of-inquiry


The Supreme Court of The Gambia yesterday heard a motion filed by Feryale Ghanem against the Commission of Inquiry and the Attorney General.

The apex court was presided over by Chief Justice Hassan B.Jallow, Justice G.B.S Janneh, Justice Raymond Sock, Justice Sulayman C. Jallow and Justice Mamyassin Sey.

It could be recalled that the Commission of Inquiry made an order early this year freezing assets of former President Yahya Jammeh and his close associates including the plaintiff (Feryale Ghanem).

The Commission of Inquiry was established by an Act of the National Assembly to probe into the financial dealings of the former president and his close associates.

The plaintiff therefore filed a motion before the Gambia final appellate court seeking redress to overturn the interim order made by the Commission.

The Commission of Inquiry and the Attorney General were joined as the 1st and 2nd defendants in the said suit but lawyer Amie Bensouda in her submission yesterday informed the Supreme Court that the Commission filed a motion dated the 12th October 2018 and filed the same day seeking Court powers to strike out the Commission as a party to the suit.

Lawyer Bensouda submitted that the Commission of Inquiry is not a party to any suit in respect of its orders and that it is not a person but an adjudicating body.

She cited Section 200 of the Constitution that the Commission is an institution for appointing commissioners having regards to the fact that the Commission of inquiry was set up by the president pursuant to Section 200 of the Constitution.

She also cited Section 202 of the Constitution, which states the functions, and powers of the Commission.

She indicated that it is clear from the writ of summons that the plaintiff; Feryale Ghanem is questioning the interim decision made by the Commission against her.

Lawyer Bensouda submitted that she relied on the cases of Muhammed Bazzi and Fadi Mazegi that the Commission of Inquiry has the same powers as the High Court and that the Commission of inquiry is not the proper defendant to be cited in the suit.

She pointed out that a tribunal (as an adjudicating authority) should not be summoned to courts to come and defend its decision (orders).

She argued that if a party is aggrieved about the interim order as stated in the Court of Appeal judgment on the 18th January 2018, that party can appeal at the Court of Appeal noting that the Commission cannot be made a party to that suit.

Lawyer Bensouda argued that by virtue of the State proceeding Act section 13, the proper party is the Attorney General adding that the Commission of Inquiry should not be dragged into any court to defend its decision.

She therefore applied for the Supreme Court to strike out the Commission of inquiry as a party in the suit.

Lawyer D. Binga from the Attorney General’s Chambers and ministry of Justice aligned himself with the submission of lawyer Amie Bensouda and urged the court to strike out the name of the Commission of Inquiry from the suit.

In her response, the plaintiff counsel, lawyer Ida Drammeh submitted that section 24 of the Constitution makes provision to secure and for the protection of laws in the country.

Lawyer Drammeh submitted that basic natural justice is for a party to be allowed to state its case without any hindrance adding that whether the Commission of Inquiry is a party or not, the court must accord a fair hearing in the matter.

She referred the court to Section 45 Subsection 3 of the Supreme Court rule and submitted that rule 45 is in accordance with Section 24 of the Constitution that it affords any person likely to be affected by its decision to be given an opportunity to be heard.

She pointed out that hearing a party is such a fundamental issue and the Gambia laws seek to ensure that all parties are heard.

Lawyer Ida Drammeh submitted that the argument made by lawyer Bensouda in relying on the Court of Appeal decision is untenable noting that she ignored the Supreme Court rule for any party likely to be affected by the decision.

Lawyer Drammeh argued that the plaintiff named the Attorney General because the rule requires that it should be named, referring to Rule 45 (3) of the Supreme Court.

She further argued that the State Proceeding Act defines the State and the definition of the State does not include the Commission of inquiry.

She stated that State means the government of the Gambia and the Commission of Inquiry is not the government.

She submitted that if for any reason, the Commission is not to be named as a defendant, then the commissioners ought to be made a party.

She explained that the Commission is independent of the Executive until the Commission provides its report to the President adding that the Commission was set up by the Constitution and it is not for the State to seek to defend the report or decision made by the Commission.

She submitted that the Court of Appeal judgment is not helpful because it de-categorizes the Commission and has no regard for the functions of the Commission.

In her reply on points of law, lawyer Amie Bensouda drew the court’s attention to Section 202 (3) of the Constitution and argued that Commissioners cannot be joined in any matter unless when they are affected by their conducts.

She submitted that there is a distinction between a defendant or a person made a defendant whilst pointing out that Rule 45 of the Supreme Court doesn’t contemplate adjudicating authority but contemplates juristic person.

The matter was adjourned for ruling on a later date.

Author: Bruce Asemota

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9072 Posts

Posted - 01 Dec 2018 :  13:05:00  Show Profile Send Momodou a Private Message  Reply with Quote
AT THE ‘JANNEH’ COMMISSION: Counsel Bensouda Continues Her Address

Foroyaa: November 30, 2018

By Kebba Secka

http://foroyaa.gm/at-the-janneh-commission-counsel-bensouda-continues-her-address/

The ‘Janneh’ Commission Counsel Amie Bensouda, on Thursday November 29th 2018, continues her address at the ‘Janneh’ Commission of Inquiry, set up by the president to probe into the financial dealings and properties of the former president and his close associates.
Counsel Bensouda submitted that Muhammed Bassi and the shareholders of EuroAfrica Group Ltd., were all close associates of former president Jammeh. She cited various evidence and testimonies of witnesses which she said, clearly proves they were close associates of former President Jammeh; that the testimony of the former Minister of Finance and Economic Affairs Abdou Colley, indicate: “EuroAfrica Group was not fulfilling its financial obligations and requirements.” She said the illegal activities of EuroAfrica Group Ltd., started way back in 2002, which she said was also part of Balla Jarssey’s testimony; that Ahmad Bazzi, brother to Muhammed Bazzi, testified that all the invoices were made in the name of EuroAfrica Group Ltd.
Counsel Bensouda further submitted that Gobal Trading Company Ltd., registered in The Gambia in 2015, made millions at the expense of tax payers. She submitted: “The incomes and value added taxes, are sources of evidence before this Commission.” She further submitted that the interference from the executive of the former regime, has adversely affected the operational efficiency of Gamtel. “The interference from Statehouse by the former regime, has jeopardize the efficient operation of Gamtel,” she said; that an account was created for the Telecommunications Company in which the Secretary General at the time Momodou Sabally, was among the signatories; that before payments could be effected, 50% of the revenue gained from the Company was diverted to Gamtel. Bensouda continued to explain to Commissioners that the former Secretary General and Head of the Civil Service Momodou Sabally, in his testimony before the Commission said he was fired shortly after he made enquiries about the creation of an account by MGI; that the incomes generated by the Company was tampered with by the former president and his close associates. “As we know, the former president eventually terminated the contract. Why? Because of another Ccompany called MGI. This Company was negotiated at Kanilai, residence of the former president, in the presence of Sulaiman Badjie, Babucarr Sanneh, former manager of GAMTEL Balla Jarsey and others.
Commission Counsel Bensouda further submitted that the MOU between Gamtel and MGI, was signed by Babucarr Sanneh on behalf of the Government of the Gambia. “Evidence is before the Commission that the Company generated $140m with 70, 000, 000 Dalasi as profit. Bensouda further told the Commission that staff of Gamtel were all denied access to the Gateway accounts.
She reminded Commissioners that part of their mandate is to investigate the procurement activities of the former president, citing various procurement Sections of the Constitution. She said TK Motors took part in the supply of goods for the former president.

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9072 Posts

Posted - 03 Dec 2018 :  10:29:21  Show Profile Send Momodou a Private Message  Reply with Quote
Janneh Commission extends mandate to next year


The Point: Friday, November 30, 2018

http://thepoint.gm/africa/gambia/article/janneh-commission-extends-mandate-to-next-year

The Commission of Inquiry which is widely coined by the media as Janneh Commission, has decided to extend its duration to 10 January 2019 to enable it complete its mandate, a media dispatch reveals. It added that the commission finds it necessary to extend its duration to complete public hearing and the compilation and writing of its report.


A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9072 Posts

Posted - 03 Dec 2018 :  14:33:37  Show Profile Send Momodou a Private Message  Reply with Quote
Commission of Inquiry cannot be sued, Supreme Court declares

The Point: Monday, December 03, 2018


http://thepoint.gm/africa/gambia/article/commission-of-inquiry-cannot-be-sued-supreme-court-declares

The Supreme Court of The Gambia, presided over by Chief Justice Hassan B. Jallow has declared that any party cannot sue the Commission of Inquiry.


The Supreme Court made this declaration last Friday, 30 November 2018 in its ruling in the civil appeal suit filed by Feryale Ghanem against the Commission of Inquiry and the Attorney General and Minister of Justice.

It could be recalled that the Commission of Inquiry, that’s probing the financial dealings of the former President Yahya Jammeh made an interim order to freeze the assets of former President Jammeh and his close associates including the plaintiff; Feryale Ghanem.

The plaintiff; Feryale Ghanem had filed a motion before the country’s apex court seeking redress to overturn the Commission of Inquiry’s order.

The Commission of Inquiry and the Attorney General and Minister of Justice were joined as defendants in the suit but Lawyer Amie Bensouda applied that the Commission of Inquiry cannot and should not be joined in the suit with the Attorney General and Minister of Justice.

In her application, Lawyer Amie Bensouda submitted that the Commission of Inquiry is not a party to any suit in respect of its orders, adding that the Commission of Inquiry has the same powers as the High Court and cannot be dragged to court to defend its decision.

In the ruling last Friday, November 30, 2018, the Supreme Court granted Lawyer Amie Bensouda’s application that the Commission of Inquiry cannot be sued for it decision by a/any party.

After the Supreme Court’s ruling, the applicants counsel, Lawyer Ida Drammeh informed the court that there is a motion that has been filed by the applicant for an injunction and the main suit.

Lawyer Binga D. replied that the entire application made by the applicant’s counsel is to delay the proceedings of the Commission.

Meanwhile, the matter has been adjourned to the 4 December, 2018.

The session was presided over by Chief Justice Hassan B. Jallow, Justice G.B.S Janneh, Justice Raymond C. Sock, Justice Sulayman C. Jallow and Justice Mam Yassin Sey.

Author: Bruce Asemota

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9072 Posts

Posted - 06 Dec 2018 :  13:30:09  Show Profile Send Momodou a Private Message  Reply with Quote
Jammeh’s closed associate ask Supreme Court to restrain Commission of Inquiry

The Point: Thursday, December 06, 2018


http://thepoint.gm/africa/gambia/article/jammehs-closed-associate-ask-supreme-court-to-restrain-commission-of-inquiry

Feryale Ghanem; close associate of the former president Yahya Jammeh is asking the Supreme Court of the Gambia, presided over by Chief Justice Hassan B.Jallow, Justice G.B.S.Janneh, Justice Raymond C. Sock, Justice Marke Browne and Justice Mam Yassin Sey to restrain the Commission of Inquiry from holding her in contempt.


It could be recalled that the Commission of Inquiry made an order against the plaintiff; Feryale Ghanem dated the 5th June, 2018.

The plaintiff filed a motion asking the Supreme Court to restrain the Commission of inquiry from taking any steps intended to give effect to or holding her in contempt or acting in any manner which may prejudice her pending the hearing and determination of the suit.

The plaintiff is also asking the Supreme Court to prevent the Commission from or entitled to act in any manner calculated to carry into effect the letter dated the 6th November, 2018, addressed to her.

During yesterday’s sitting the director of Civil Litigation, Binga D. drew the court’s attention to the fact that the Commission of Inquiry which was the 1st defendant in the suit filed by the plaintiff; Feryale Ghanem has been struck out.

Binga D. submitted that the plaintiff still maintains the Commission of Inquiry having been struck out by the Supreme Court.

Lawyer Ida Drammeh, plaintiff’s counsel informed the court that all the processes in the suit were filed before the order of striking out the name of the Commission was made, noting that the application was filed on the 14th November, 2018.

Binga D. interjected and submitted that the plaintiff has an option to amend its motion, adding that the court cannot make an order against a party that is not before the court.

Lawyer Ida Drammeh then asked the court whether the plaintiff can submit written arguments before the court.

Binga D. submitted that lawyer Ida Drammeh’s move was a calculated attempt to delay the proceedings of the court towards speedy disposal of the suit.

At this point Lawyer Ida Drammeh took objection to what the director of Civil Litigation; Binga D. said the plaintiff’s calculated attempt to delay the proceedings.

Lawyer Drammeh disclosed that the plaintiff has pursued the case with extreme diligence.

Binga D. submitted that the issue before the court was whether the motion before the court was competent which the State wants the court to determine.

Hearing continues on Friday, 7th December, 2018.

Author: Bruce Asemota

A clear concience fears no accusation - proverb from Sierra Leone
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