Five judges of the Supreme Court of The Gambia, headed by Chief Justice Abdou Karim Savage, are set to review the ruling on the suit filed by United Democratic Party (UDP), National Reconciliation Party (NRP) and Momodou Lamin Sanneh, minority leader and National Assembly Member for Kiang West.
The case was mentioned at the first sitting of the full bench on Wednesday.
Today’s sitting will witness hearing on the preliminary objection filed by the state as the first defendant to the case.
This development followed after Lawyer Ousainou Darboe, counsel for the three plaintiffs filed in a motion at the Supreme Court for review of the ruling made by Justice Abdou Karim Savage.
Meanwhile, the appeal case filed by National Reconciliation Party was on Wednesday dismissed by the panel of judges at the Supreme Court. This followed an application made by Lawyer Ousainou Darboe counsel for the second applicant Hamat Bah.
The criminal appeal of Hamat Bah and Omar Jallow is in connection with their arrest and subsequent trial in 2006 by the authorities. However, the case was later dropped following the former AU Chairman’s (Olusegun Obasanjo) brokered reconciliation in Banjul. However, the duo decided to file a suit at the Court of Appeal for the trial to continue, which the state objected, before it was upheld by the by the court.
They later filed an appeal against the Appeal Court’s decision to the Supreme Court, where it was pending.
In his submission before the country’s top court, Lawyer Darboe said the second appellant has filed a notice to abandon the appeal, adding he did not have any instructions from the first applicant Omar Jallow other than to file an appeal which he (Darboe) did. Lawyer Darboe noted that he tried to contact the first applicant but could not be reached.
InMambury Njie bags new appointment his ruling, Justice Savage said based on the application of the second applicant’s notice of abandoning his appeal, the court hereby dismissed the case.
However, the case for the first appellant Omar Jallow has been adjourned to February 11.