By Sulayman Waan
The National Youth President of the opposition Gambia Democratic Congress (GDC) party, Mr. Modou MC Cham Jr., has called on the President Adama Barrow-led government to immediately return former President Yahya Jammeh’s properties, arguing they were sold without state following legal procedures.
Cham, who was speaking in an exclusive interview with Mansa Banko Online on Sunday June 7, 2020, said that Court is the only institution that has the mandate to order for the confiscation and sale of Jammeh’s properties.
[Recollection: In exercise of the powers conferred on him by Section 200 of the Constitution of the Republic of The Gambia 1997, and the Commissions of Inquiry Act Cap 30:01 Vol 5 of the Laws of The Gambia, His Excellency, Adama Barrow, President of the Republic of The Gambia, on 12th July, 2017, issued a Commission of Inquiry into the financial and other related activities of certain public bodies, enterprises and offices as regards their dealings with former President Jammeh, and the accumulation of assets by him, his family members and close associates, and for connected matters through Gazette Legal Notice 15 of 2017, ISSN 0796.]
[The Janneh Commission submitted its Report in Nine (9) volumes totaling One Thousand and Six Hundred pages (1,600) to the President on 29 March 2019. Following a review of the Commission’s Report, and in accordance with Section 203 of the Constitution, the President decided to publish his reaction to the Report in the form of a White Paper which was later published, together with the full Report of the Surahata Jammeh-led probe Commission.]
However, the government has allegedly sold some of the former Gambian leader’s belongings without taking the matter before a court of law.
On this note, MC Cham Jr., a namesake and son of a politician held: “The Janneh Commission was only mandated to investigate the financial dealings of ex-President Jammeh and his close associates; and give recommendations to government.”
The young politician added: “Therefore, government should quickly return all Jammeh belongings because the selling of the properties process was not done in a due process.”
Speaking further, Cham opined that the most disappointing thing was the government commenced selling Jammeh’s properties before the conclusion of the Janneh Commission of Enquiry.
He further argued that there was no transparency in the sale of the said properties, and in that regard, he believed the Justice Minister should be fired for failing to counsel government on legal procedures.
In delivering a judgement in the case of M.A Kharafi Company limited against The Attorney General, Hon. Justice Omar M.M. Njie of the Gambia Court of Appeal said: “A Commission of Inquiry does not and legally cannot make a judgment. In other words, a Commission of Inquiry cannot legally render a binding decision which may be executed or enforced as it were a judgment or order.”
Justice Njie added that, the adverse findings and recommendations of the Commission of Inquiry “are merely advisory and not conclusive and binding”. That, Commission of Inquiry is part and parcel of the Executive and not part of the Judiciary, thus, not an adjudicatory body.
Considering this case, MC is of the opinion that, “Baa Tambedou has exposed not only his incompetence but also his lack of respect for due process and rule of law.
