By Yankuba Jallow
Ibrahima Jallow, a legal practitioner in The Gambia has yesterday filed a case against the Government of The Gambia.
Lawyer Jallow’s claim is that the former President of The Gambia unconstitutionally assented to the Legal Practitioners Act before it was passed by the National Assembly.
“Acting on the powers conferred on the president of the republic of the Gambia to give assent to a bill passed by the National Assembly of The Gambia, the president of the republic of the Gambia unconstitutionally assented to Legal Practitioners Act 2015 on the 27 December 2015 before the Act was passed by the National Assembly,” Jallow said in the suit.
He said acting on the powers conferred on it by the constitution of the republic of the Gambia, the National Assembly of the Gambia passed the Legal Practitioners Act 2015 on the 29 December 2015 after the Act was assented to by the president, in contravention of the provisions of section 100 of the constitution of The Gambia.
Contrary to the provisions of Section 100 of the Constitution of the Gambia the National Assembly of the Gambia gazetted the Legal Practitioners Act 2015 on the 3rd February 2016 eight (8) days outside the Constitutional prescribed period. According to the litigants, the Constitutional period is within thirty (30) of assent by the president.
“The act and or omission of the NAM and the president in paragraph 9, 10 and 11 are in contravention and inconsistent with the provision of section 100 of the Constitution of the Gambia,” Lawyer Jallow argued.
“The act and or omission of the NAM and the president are not only unconstitutional but are procedural improper.”
Jallow said an action for the declaration under section 5 of the Constitution of the Gambia can be brought against any authority or person and or the president of the republic of the Gambia in his official capacity or title by virtue of section 69 (2) of the Constitution of the Gambia.
He sought for a declaration that the National Assembly acted beyond its powers by passing a bill that was assented to by the president.
On the second prayer, the plaintiff sought for a declaration that the Legal Practitioners Act be void since the proper procedures as required by law weren’t followed.
