Court of Appeal on Janneh Commission
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The Gambia Court of Appeal in a like-minded decision held that the Janneh Commission of Inquiry suggestions cannot lawfully render a revocable decision which may be executed or imposed as if it were a judgment or order of a Court.
In conveying a judgment in the case of M.A Kharafi Versus The Attorney General, Justice Omar M.M Njie 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.”
*The judge said the Commission of Inquiry is part and parcel of the Executive and not part of the Judiciary, thus, not an adjudicatory body.*
The reconsideration was filed on the 26th June 2019 by M.A. Kharafi and Sons Company Limited questioning the adverse findings of the Commission of Inquiry into the Financial Activities of Public Bodies, Enterprises and Offices as it interpreted their dealings with former President Yahya A.J.J. Jammeh and connected matters.
The Commission endorsed that ex-President Yahya Jammeh is accountable to pay $7,367,426 to the Government of The Gambia and while Kharafi should pay $2,367,426 plus interest of 5% yearlong starting 30th June 2004 to 29th March 2019.
Kharafi doesn’t support these adverse endorsement by the Commission before the Court of Appeal hunt a stay of implementation pending the determination of the appeal.
‘The Court of Appeal held that a commission of inquiry is not a court and therefore, its report submitted to the Government, is neither a judgment nor an order which is capable in itself of being executed.’