FOROYAA Newspaper (Serrekunda)
Abdoulie G. Dibba
3 July 2009
The National Assembly Member for Wuli West, Hon Sidia Jatta, and the Majority Leader and Member for SereKunda East, Hon Fabakary Tombong Jatta, expressed divergent views on the sacking of the Chief Justice, Abdoukarim Savage, relying on section 141 of the 1997 constitution.
According to the National Assembly Member for Wuli West, Hon Sidia Jatta, the sacking of the Chief Justice by the President is unconstitutional, arguing that the president has no authority to sack the Chief Justice without involving the National Assembly in the removal. He referred the Speaker to section 141 of the Constitution and all the relevant subsections.
Sidia said due to the security of tenure guaranteed for the office of the chief justice and other judges, the Constitution has clearly stated the procedure to follow to remove them. The Wuli West NAM argued that the failure of the president to follow the procedures makes the removal unconstitutional. This procedure, said Sidia, has been clearly indicated in section 141 subsection (5) of the Constitution.
Sidia told his colleagues that they have all taken oath to defend the Constitution of the Republic; that therefore if this Constitution they have all sworn to defend is flouted, then; "We should defend it," he said.
However, the majority leader of the National Assembly and member for SereKunda East, Hon Fabakary Tombong Jatta, said he defers with the member for Wuli West when he said that the president has no authority to remove the Chief Justice or other judges from office.
According to Hon. Tombong Jatta, there are two aspects of removal and that there are also conditions set for such removals from office. The majority leader cited section 141 subsections (1), (2)(a), (2)(b),(2)(c) and (3) of the Constitution. He argued that subsection (2)(c) has indicated that the president can terminate their appointment in consultation with the judicial service commission and that it is this manner of removal that the president applied.
Hon. Tombong Jatta said that unless the Member for Wuli West is privy to information that they do not have, for them the removal is constitutional.
Below is the full text of Section 141.;
Tenure of office
(1) No office of judge shall be abolished while there is a substantive holder thereof.
(2) Subject to the provisions of this section, a judge of a Superior Court-
(a) may retire on pension at any time after attaining the age of sixty five years;
(b) shall vacate the office of judge on attaining the age of seventy years; or
(c) may have his or her appointment terminated by the President in consultation with the Judicial Service Commission.
(3) Notwithstanding that he or she has attained the age at which he or she is required to vacate his or her office as provided in this section, a person holding the office of judge may continue in office for a period of six months after attaining that age to enable him or her to deliver judgment or do any other thing in relation to proceedings that were commenced before him or her previously thereto.
(4) The Chief Justice, a justice of the Supreme Court, the Court of Appeal and the High court and members of the Special Criminal Court may only be removed from office for inability to perform the functions of his or her judicial office, whether arising from infirmity of body or mind, or for misconduct.
(5) A judge may be removed from his or her office if notice in writing is given to the Speaker, signed by not less than one-half of all the voting members of the National Assembly, of a motion that judge is unable to exercise the functions of his or her office on any of the grounds stated in subsection (4) and Proposing that the matter should be investigated under this section.
(6) Where a notice of a motion is received by the Speaker under subsection (5), the Speaker shall forthwith cause a vote to be taken on the motion without debate
(7) If such motion is adopted by the votes of not less than two-thirds of all the members of the National Assembly-
(a) The National Assembly shall, by resolution, appoint a tribunal consisting of three persons, at least one of whom shall hold or shall have held high judicial office who shall be the chairman of the tribunal;
(b) The tribunal shall investigate the matter and shall report to the National Assembly through the Speaker whether or not it finds the allegations specified in the motion have been substantiated.
(c) If the tribunal reports to the National Assembly that it finds the particulars of any such allegation have not been substantiated, no further proceedings shall be taken under this section in respect of that allegation; (d) If the tribunal reports to the National Assembly that it finds that the particulars of any such allegation have been substantiated, the National Assembly shall consider the report at the first convenient sitting and if, on a motion supported by the votes of not less than two-thirds of all the members, the National Assembly resolves that the judge be removed from office, the judge shall immediately cease to hold office.
(8) Where a tribunal is established under this section in respect of any judge, the judge shall stand suspended from office. The suspension Shall Cease to have effect if the tribunal reports that none of the allegations against the judge has been substantiated or if a motion for his or her removal from office is not supported as provided in paragraph (d) of subsection (7).
(9) All proceedings in a tribunal under this section shall be held in camera and the judge concerned shall have the right to appear and be legally represented before the tribunal.
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