Thursday, December 1, 2022

IS IT UP TO THE PRESIDENT FOR EX-PRESIDENT JAMMEH TO BE PROSECUTED?

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QUESTION OF THE DAY

The Constitution of the republic states under section 69 subsection (3):

(3)   After a President has vacated the office of President –

(a)   no court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as President;

(b)   a criminal court shall only have jurisdiction to entertain proceedings against him or her in respect of acts or omissions alleged to have been perpetrated by him or her while holding office as President if the National Assembly has resolved on a motion supported by not less than two-thirds of all the members that such proceedings are justified in the public interest.”

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Hence it is clear that the National Assembly is the institution that will finally determine whether President Jammeh will be prosecuted or not in relation to the TRRC report and the white paper accepting the recommendations.

Foroyaa will continue to monitor developments as the process unfolds.

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