By: Isatou Sarr
Justice Sonia of Banjul High Court Annex has struck out a legal suit filed by the Cement Importers and Traders Association of The Gambia against the Attorney General, citing lack of jurisdiction and incompetence of the originating summons.
The application filed by the Attorney General on March 6, 2025, sought an order to strike out the matter on grounds that it was beyond the jurisdiction of the High Court as it involved constitutional interpretation a matter reserved exclusively for the Supreme Court of The Gambia.
In her ruling Justice Sonia referred to key constitutional provision including Section 5,127,132 and 149 of the 1977 Constitution. She emphasized that while the High Court enjoys broad jurisdiction section 127 clearly and unambiguously grants the Supreme Court sole authority to interpret constitutional provision except in case related to breaches of fundamental human rights
The government decision to increase the levy on a bag of cement from D30 to D180 a move challenged by the association. Justice Sonia noted that determining the legality of such a tax adjustment required interpreting Section 149 of the Constitution, which governs taxation powers a responsibility constitutionally assigned to the Supreme Court.
Citing legal precedent, including Bakary Bunja Dabo & Others vs Attorney General & Another, she concluded that only the Supreme Court has the original jurisdiction to interpret the Constitution
The judge also addressed the issue of whether the case constituted an abuse of court process. While she acknowledged that abuse of process often involves malice, frivolity or deliberate misuse of legal procedure she ruled that the current matter did not meet those criteria.
“Abuse of court process must be determined by the specific facts and circumstances of each case” she said referencing Nigeria Liquefied Natural Gas Ltd v. A.Obusugolu & others {2011}
Despite not finding abuse of process, Justice Sonia held that the court lacked jurisdiction over the substantive issue which was constitutionally rooted.
“The suit as constituted by originating summons is incompetent and is hereby struck out” she declared.
Accordingly, she granted the Attorney General application and dismissed the case.