By Yankuba Jallow
A panel of judges headed by Justice Edrissa Fafa Mba’I has on Tuesday granted a stay of execution in the case of Tarek Musa and T.K. Motors versus the Attorney General barely few days after it refused to grant same in the case of M.A Kharafi.
Last week, the Court of Appeal panel headed by its President, Justice Awa Bah ruled that a stay of execution cannot be granted to M.A. Kharafi and Sons Company. The holding of this panel was Commission of Inquiry is not a court and thus, not an adjudicatory. It held that adverse findings and recommendations of a Commission of Inquiry cannot be enforced or executed as if it were court judgment or order.
Tarek Musa and T.K. Motors were adversely found liable by the Janneh Commission and the Government issued a White Paper instructing them to pay the sum an of over twenty-five million. They were dissatisfied with the adverse finding and thus, appealed before the Court of Appeal against the findings of the defunct Commission.
Lawyer Sheriff Marie Tambadou made an application for a stay of execution of the Janneh Commission pending the hearing and determination of the appeal.
The State did not oppose the application for a stay of the execution of the Janneh Commission’s recommendation against Tarek Musa and T.K. Motors.
Tarek Musa and T.K. Motors want made the application for the court to grant them the stay of execution of the Governments Order that they should pay D25,444,897.70 and D13,322,500 within 30 days from 13th September 2019. The appellants want the decision to be stayed pending the hearing and determination of the appeal case.
In his ruling, Justice Edrissa Fafa Mba’I said: “the appellant has filed a notice of appeal before this honourable court against the findings of the Commission’s report. The said appeal is yet to be determine.”
Justice Mba’I added: “It is the appellant’s constitutional right to have his appeal determined. This right could be affected if execution of the Commission’s finding is made by the State/Respondent before the main appeal is determine.”
He said based on this reason it is imperative that a stay of execution is granted pending the determination of the main appeal.
“Accordingly, a stay of execution against the Commission’s finding is granted on condition that the appellant provide the Principal Registrar of this court within 21 days from the date of this ruling, a bank guarantee to be issued in the sums of D25,444,897.70 and D13,322,500 which said sums shall be executed in favour of The Gambia, failing which the stay shall lapse,” Justice Mba’I ordered.