Members of the National Assembly have been informed by Defense Minister Serign Modou Njie that the high court ruling in support of sacked soldier Omar Sarjo cannot be carried out.
After being falsely identified as the son of MFDC separatist leader Salif Sadio, Omar was expelled from the army in 2017 on the grounds that he was a foreign national who had made a false enlistment declaration. In 2022, he successfully appealed his removal at the Banjul High Court. He has not yet received payment or reinstatement in spite of this decision.
Defense Minister Njie informed MPs last year that before any action could be taken, the court order was sent to the Ministry of Justice for legal advice.
Kebba Tumanding Sanneh, a representative of Foñi Jarrol, asked Njie to explain 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” when he returned to the parliament on Wednesday. Former State Guards Battalion commander Minister Njie stated that the Ministry of Justice had provided his ministry with a legal advice stating that the high court ruling was “declaratory in nature and not executory.” His ministry “cannot act on a declaratory judgement” as a result, he said.
But according to Latrikunda spokesperson and lawyer Yaya Sanyang, a declaratory judgment indicates that a right has been infringed. “So, when will you make amends for this infringement of rights?” Sanyang insisted on knowing.
“According to legal opinion, it cannot be enforced,” Minister Njie retorted. There is no particular order or enforcement in this declaratory judgment. The minister was also questioned about his promise a few months prior to work with Omar Sarjo and his attorney to settle the matter, but he claimed that the soldier’s attorney was contacted multiple times but never got back to him.
In March, Babucarr AMO Badjie, Omar’s attorney, informed the Foroyaa that the chief of defense staff was “refusing to engage” with him as to the issue.
