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GAMBIA: ECOWAS LAW MAKERS OPENLY DISREGARD A COURT ORDER

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The National Assembly Clerk may be summoned and contempt proceedings may be brought against him for not following a court order stopping the removal of his clients from the regional parliament, according to Lamin J. Darbo, the attorney for three National Assembly Members who sued the Attorney General and the National Assembly Clerk in the Banjul High Court for “illegally” removing them from the Ecowas Parliament.
In addition, Counsel Darbo voiced his “deep disappointment” in Bilay Tunkara, the majority leader of the National Assembly, who was one of the legislators sworn in at yesterday’s Ecowas Parliament in Nigeria, for claiming that “no injunction can stop them” from taking office.
In their second terms in the National Assembly, lawmakers Fatoumata “Touma” Njai, Kebba Barrow, and Samba Jallow filed a motion asking the high court to issue an interim order preventing their removal from their positions in the Ecowas Parliament until their motion on notice to have their removal declared “unconstitutional, null and void” was decided.

Judge Jallow-Sey of the High Court issued an order on Wednesday prohibiting the clerk and the AG from removing the three parliamentarians. Nevertheless, those chosen to take their place Yesterday in Abuja, Nigeria, the following people were sworn in: Sheriff Sarr of Jeshwang, Amadou Camara of Nianija, Maimuna Ceesay-Darboe, the majority leader and member for Kantora Bilay Tunkara, and Alagie S. Darboe of Brikama North.
In response to The Standard’s inquiry about the development, Counsel Darbo said, “The rule of law dictates that you respect the ruling of the court until further development, whether you are a National Assembly member or an individual. However, despite being served with an interim order, the National Assembly declined to take any action. Indeed, it is stated elsewhere by the majority leader [Tunkara] that the applicants ought to put in more effort because they are unaffected by an order. This is a depressing assertion. You cannot claim that we do not comply or that we do not intend to comply. A prudent leader would declare, “We’ll comply and take this to court.” That is the ideal way to tackle the situation, but he is unable to speak in that manner. It is incorrect and incredibly disheartening to originate from the majority leader of The Gambia’s National Assembly.
According to Darbo, the National Assembly, being responsible political leadership, should prevent the Gambian delegation at Ecowas from being sworn in, as there is currently a restraining order. This is because it would demonstrate the judiciary’s status as a co-equal branch of the Gambia government and would show preference for it. That is the proper way for a competent political leader to conduct themselves until the issue is ultimately settled. We may bring the National Assembly Clerk before the court for contempt since they are in breach of the court order, which was served to him.
The clerk and the attorney general, the first and second respondents in the lawsuit, will have a chance to reply to the motion that was served to them so that the judge may make a decision, he said. The matter will be heard today.

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