By Lamin Njie
Opposition APRC on Wednesday insisted Attorney General Abubacarr Tambadou might have read another document from planet Mars, as the party fact-checked a statement issued by the ministry of justice.
The government was left scratching its head last week when the court of appeal ruled that the executive could not only rely on and execute recommendations from a commission inquiry.
It dealt a major blow to the Barrow government as it has now suspended ‘all sales’ of properties stemming from the Janneh Commission recommendations. Most of the properties belonged to former President Yahya Jammeh.
The ministry of justice while annoucing the government was backtracking from the sale of the properties insisted the court of appeal ruling in the MA Kharafi Vs Attorney General never said the Janneh Commission recommendations could not be enforced.
Opposition APRC on Wednesday held a news conference to react to the developments at which event the party moved quickly to fact-check the Attorney General Ba Tambadou.
The party’s interim leader Fabakary Tombong Jatta said: “I want to make a contrast as to the key ingredients of the judgment versus the response of attorney general Ba Tambadou versus who is Ba Tambadou. We must look at it from that perspective.
“I will just want to read what Ba Tambadou, his response to the judgment. Just some quotes from it. I will go into the judgment and I will now lay out who Ba Tambadou is.
“He (Ba Tambadou) said. ‘Meanwhile, consistent with the Government’s strong commitment to respect for the rule of law, all sales of properties flowing from the Janneh Commission recommendations have now been suspended in deference to the ruling of the court of appeal until a final pronouncement is made on the matter.’
“He said, ‘The Government notes that different interpretations of the ruling are being offered by many including sections of the media. The Government wishes to clarify to the general public that The Gambia Court of Appeal did not in any way state that the Janneh Commission recommendations cannot be enforced. Rather, in a departure from long established practice in this jurisdiction, the Court of Appeal held that an additional legal step needs to be taken by the Executive in order to execute some, and not all, of the recommendations of a commission of inquiry such as the Janneh Commission. Indeed, the Gambia Court of Appeal has accepted, in the said ruling, that the position arrived at by the Court in this matter is a novel one. The Government however disagrees with this position by the Court of Appeal and intends to further litigate this matter’.
“And then he concluded, ‘ The Gambia government is committed to the principles of good governance and rapidly gaining recognition around the world as a bastion of democracy and judicial independence’. These are the words of Ba Tambadou. It is the same judgment we all read.
“Let’s make comparisons: in the judgment, Justice Njie said, ‘a commission of inquiry does not and legally cannot make a judgment’. Very clear words. ‘In other words’, he continued, a commission of inquiry cannot legally render a binding decision which may be executed or enforced as it were a judgment or order’. Ba Tambadou said the judgment did not said that.
“Justice Njie further said, ‘the adverse findings and recommendations of a commission of inquiry are merely advisory and not conclusive and binding’. Justice Njie in his jugdment, weigh it against what Ba Tambadou said.
“He (Justice Njie) further noted, ‘that commission of inquiry is part and parcel of the executive and not part of the judiciary thus not an adjudicating body’.
“The appeal court quoted and relied on a supreme court judgment – Fayel Ghanim Vs Attorney General with the chief justice sitting. That’s Hassan B Jallow the current chief justice. And Justice Hassan Jallow stated that, ‘a commission of inquiry is not a lawmaking body, it has no legislative powers and does not fall within the legislature’. This is before, a previous case that this judgment relied on. This was also stated and this has not been a guidance to Ba Tambadou, attorney general and chief legal adviser to government.
“Justice Jallow further said in that judgment that, ‘a commission of inquiry is an investigative fact-finding body which makes findings and recommendations that are subjected to the approval of government’. This is Hassan Jallow’s judgment in a different case earlier on.
“Justice Njie of the Appeal Court said, ‘consequently, my view is that the adverse findings or recommendations of a commission of inquiry cannot be executed or enforced. They are not judgments or orders of an adjudicating body’.
“Ba Tambadou said that’s not what the judgment said. I think he’s reading another document from Mars.
“You see, we’re at a stage where no one person can fool Gambians. We must recognise that. If mistakes are made, we must accept our mistakes as human beings. But in the execution of our duties, we must put away our emotions and sentiments.”
