In a historic ruling issued yesterday, the Supreme Court of The Gambia ruled that the 1994 Bamfo Commission—which was established after the PPP administration was overthrown—was not lawfully formed.
In a ruling on a lawsuit brought by MC Cham, Justice NC Browne-Mark ordered the restitution of Mr. Cham’s assets and paid him compensation for those that were sold to third parties. He also annulled the unfavorable rulings against Mr. Cham.
The court’s ruling resulted from MC Cham’s challenge to the Commission of Inquiry’s Constitution, which was based on the argument that Justice Bamfo, the chair, had the necessary qualifications to serve as a judge or attorney in The Gambia.
According to the legislation, the head of a commission of inquiry must be a judge or an attorney licensed to practice law in The Gambia. The court states that it is an undeniable truth that Bamfo was neither a judge or an attorney in the nation. As a result, the court determines that Bamfo was unfit to serve as the commission’s head and that her choices are invalid.
Following the military coup on July 22, 1994, the junta established the Assets and Properties Recovery Commission, which Justice Akoto Bamfo, a Ghanaian judge, presided over.
The military accused senior Jawara regime officials of corruption and embezzlement of public finances, and the Bamfo Commission was tasked with looking into these claims.
Eventually, the panel confiscated the assets of other former PPP leaders, including Omar Jallow and former vice president Bakary Bunja Dabo.
OJ, who is now late, had urged Yahya Jammeh repeatedly to provide the commission’s conclusions.
The Supreme Court’s ruling from yesterday renders void the commission’s unfavorable conclusions against MC Cham and other PPP leaders.
The conclusions of the panel had an impact on at least twenty senior PPP officials.
The Supreme Court panel’s judges are:
NC Browne-Mark, Justice
Court CS Jallow
The Judge MM Sey
The Hon. HC Roche
BVP Mahoney, Justice
ANM Ousainu Darboe and Neneh Cham represented MC Cham, while MB Sowe and Binga D. represented the Attorney General.