Africa-Press – Gambia. Defence Minister Serign Modou Njie has told National Assembly Members that the high court judgement in favour of dismissed soldier Omar Sarjo cannot be executed.
Omar, who was wrongly labelled as the son of MFDC separatist leader Salif Sadio, was dismissed from the army in 2017 following an allegation that he was a foreigner who made a false declaration to enlist into the army. He challenged his dismissal and won at the Banjul High Court in 2022. Despite this ruling he is yet to be reinstated or compensated.
Last year, Defence Minister Njie told lawmakers that the court order was referred to the Ministry of Justice for legal opinion before any action could be taken.
Njie returned to the parliament on Wednesday and was asked by Foñi Jarrol representative Kebba Tumanding Sanneh to explain reasons for the ministry’s “deliberate refusal or the section of the Constitution relied upon defying the implementation of a high court judgement on the illegal dismissal of Omar Sarjo.” Minister Njie, a former commander of the State Guards Battalion, said his ministry has received legal opinion from the Ministry of Justice advising that the high court judgement was “declaratory in nature and not executory”. He said as such, his ministry “cannot act on a declaratory judgement”.
However, Latrikunda representative Yaya Sanyang who is also a barrister told the minister that a declaratory judgement means a right has been violated. “So when are you going to remedy this right that has been violated?” Sanyang demanded to know.
Minister Njie replied: “According to legal opinion it cannot be enforced. This is a declaratory judgement that does not make any specific order or enforcement.” The minister was also quizzed on his pledge some months ago to engage Omar Sarjo and his lawyer to resolve the issue but he alleged the soldier’s lawyer was contacted on several occasions but never responded.
Omar’s lawyer Babucarr AMO Badjie told the Foroyaa in March that the chief of defence staff was “refusing to engage” with him on the matter.
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