By Adama Makasuba, at the Supreme Court
Ya Kumba Jaiteh reacted to the Supreme Court’s judgment with a smile as she said the top court’s judgment is a victory for the country and its democracy.
The country’s highest court today ruled that President Adama Barrow acted unlawfully in terminating Ms Jaiteh as a nominated national assembly member.
Ya Kumba Jaiteh handed the supreme court its real first test of the post-Jammeh era when she in 9 March 2019 filed a lawsuit at the supreme court challenging her sacking by President Adama Barrow. The president who the law allows to nominate five people to the national assembly had sacked Ms Jaiteh two days earlier. Ms Jaiteh then went to the court claiming the president didn’t have the power to do so.
However, on 15 March 2019, Ya Kumba appeared to have lost the case when the supreme court rejected her application that sought to prevent the swearing in of her replacement, Foday Gassama, who President Barrow had tapped to replace her.
On Tuesday, the country’s highest court finally ruled on whether the president was right in sacking her. The court held that she was unlawfully sacked.
“The purported termination of nomination of Ya Kumba Jaiteh through an executive letter was unconstitutional, null and void,” Hassan B Jallow, chief justice, said in a unanymous judgment.
“The third defendant, Gassama’s nomination is unconstitutional, null and void,” he added.
The chief justice then issued an injunction for Mr Gassama to desist from presenting himself as a nominated member of the national assembly ‘anywhere’.
Ya Kumba Jaiteh spoke to journalists outside the court saying the court’s decision was a victory for the country.
“This is not Yakumba Jaiteh victory but the victory of the country and its democracy. This was a test of the judiciary,” she said.
