Abdoulie Fatty, Counsel Former Secretary General and Head of Civil Service, Momodou Sabally has been urged by the Court of Appeal to go back and advise himself on the case he want to defend before the court.
The Court further urged Lawyer Fatty to guide himself whether he will be appealing against the recommendations of the Janneh Commission or the White-Paper released by Gambia Government that banned the former Secretary General from holding public office for the rest of his life.
In his submission before the court on Monday, Lawyer Fatty requested for the adjournment of the case involving his client based on the released of The Gambia Government White-Paper, saying that this will allow him review the motion filed before the court.
He further submitted that the situation is demanded by the fact that most of the recommendations by the commission were not adopted by the Government.
“We want to seek time to file the necessary documents following the release of the government White-Paper. I was out of the country when the White-Paper was released and I felt that it is necessary to review the motion filed before this court”, said Lawyer Fatty.
Justice Awa Bah, Justice Omar Njie and Justice BJP Mahoney presiding Judges of the Appeal Court urged Lawyer Fatty’s to go and put his house in order as to whether he is appealing against the Janneh Commission or the Government White-Paper.
The presiding judges that this wills it easier for the court to proceed when the counsel made his mind to which case to pursue.
“Under the circumstances and as prayed by the Counsel, the court hereby orders the Counsel to go and advise himself. The court therefore adjourns this case to Wednesday 20th November, 2019”, Justice Awa Bah ruled.
The former Secretary General and Head of Civil Servants responsible for Presidential Affairs is appealing against the decision of the Jammeh Commission that accused him of withdrawing large sums of public funds, some of which were not accounted for on the instruction of former President Yahya Jammeh. The Commission reported that Mr. Momodou Sabally and former President Jammeh are jointly and severally liable for the said amounts of funds misappropriated by the former President Jammeh.
The Commission recommended that Mr. Momodou Sabally should not serve in any public office or be appointed as Director for any State Owned institution for at least ten years. This recommendation did not go down well with the former Secretary General and he subsequently challenges the decision at the Court of Appeal.
