Sering Modou Njie, the minister of defense, told the National Assembly on Wednesday that the Attorney General had given the ministry legal advice regarding how to proceed with the case of soldier Omar Sarjo.
In 2017, GAF and SIS investigations resulted in the dismissal of Ex-Corporal Omar Sarjo from the army on the grounds that he had enlisted through fraudulent and illegitimate means. However, in January 2022, Justice FA Achinboga, a high court judge, ruled that the Chief of Defence Staff’s 2017 decision to fire Corporal Sarjo was blatantly against the 1997 Constitution.
Additionally, the trial judge ruled that his discharge was a blatant violation of the Gambia Armed Forces Act’s Section 33(1)a and b.
In response to the ruling, the minister of defense wrote the attorney general to get legal counsel. However, NAMs—particularly those from Foñi—have persisted in expressing doubts about the minister’s justification for delaying a court decision under the guise of seeking legal counsel.
Minister Njie, however, stated: “We have now received the legal advice from the Ministry of Justice and submitted it to the National Assembly” in response to questioning from the parliament on the subject. Omar Sarjo will now be consulted in order to resolve the impasse.
As the minister maintained that “no law prohibits his Ministry from seeking legal advice from the Ministry of Justice,” the NAM for Foñi Jarrol retorted that legal opinions have no jurisdiction over a high court judgement. “So, as I mentioned, we will bring Omar Sarjo in to handle the matter now that we have the ministry of justice’s legal advice.”
When asked when they would speak with Omar, Minister Njie replied that he had spoken with Omar’s attorney and that they would set up a meeting shortly.
Minister Njie stated he didn’t have an answer when the NAM requested Kiang West Lamin Ceesay to inform the assembly when Omar Sarjo would resume his job.
In order to guarantee that the issue was resolved as soon as possible, other NAMs also stood at the stage and pressed the minister for a firm response.