By Kemeseng Sanneh (Kexx)
Jaja Cham, a former acting chief executive officer (CEO) of the Kanifing Municipal Council (KMC) has filed a suit against the Attorney General challenging the orders passed against him by the Local Government Commission of Inquiry (LGCI).
The LGCI ordered ex-CEO Jaja Cham to be held at Mile 2 for two (2) nights for interfering with a witness (Sarata Jaiteh). Jaiteh accused Jaja Cham of assaulting her inside the procurement unit. The Commission obtained statements from two (2) witnesses. The head of the procurement unit (Abdoulie Janneh) testified before the Commission saying he witnessed the incident inside his office. Jaja Cham last Thursday appeared before the Commission and apologised for his conduct. The Commission allowed him to go home after he expressed remorse.
Jaja now filed an appeal pursuant to sections 19, 24, 130, 202, and 205 of the Constitution against the Attorney General. Jaja Cham said he is dissatisfied with the order of The Commission of Inquiry into the conduct of all local government councils and connected matters against him. The order of the Commission was delivered on 12 November 2024.
Jaja Cham is challenging the entire order of the Commission because it acted in excess of its jurisdiction when it issued an order for his immediate arrest and committal at Mile 2 Central Prisons. He wants the court to declare the order ultra vires, null and void.
On the particulars of the error, Jaja Cham argues that the Commission of Inquiry is not vested with a form of criminal jurisdiction by the Constitution, the Commission of Inquiry Act (Cap. 30:01), or any other law of The Gambia. The appeal document filed by Jaja Cham indicated that: “The Commission of Inquiry does not have the power to arrest, charge and detain a person for the commission of an offence under the Criminal Code which is vested in the national security agencies The Commission failed to avert its mind to the fact that offences congruent to those under Section 13 of Commission of Inquiry Act, Cap 30:01, (were alleged) are triable by a Magistrate of the First Class. The Commission does not have the power to issue a warrant of committal to Mile II Central Prisons.”
Jaja Cham argues that the Commission acted without regard to the rules of natural justice, the provisions of the Constitution, and the Commission of Inquiry Act Cap 30:01 under which it was established.
On the particulars of error, Jaja Cham stated that the Commission of Inquiry violated the rules of natural justice when it made an order of committal against him without first availing him the right/opportunity to respond to the allegations made against him.
“The Commission of Inquiry violated the rules of natural justice and established procedures when it ordered the committal of the Appellant to Mile II Central Prisons before first determining whether there was a prima facie case.”
“The alleged conduct of the Appellant was made ex-facie curiae (outside the precincts of the Commission) and, therefore, required a hearing to be conducted to establish his alleged conduct.”
Foroyaa will cover the case and provide information on the response of the Attorney General.
