Hi Hamjatta & Gambia-l!
As the Indemnity Clause
has been the subject of so much debate, I thought I'd type it and send it to the
L for everyone's benefit. (Note: This is taken from the draft Constitution but I
think the quoted sections are part of the approved Constitution.) If there are
any mistakes, they are my typo faults and I apologise.Here it goes:
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13. (1) No member of the Armed Forces Provisional
Ruling Council, any person appointed Minister by the Armed Forces Provisional
Ruling Council, or other appointees of the Armed Forces Provisional Ruling
Council shall be held liable either jointly or severally for any act or omission
in the performance of their official duties during the administration of the
Armed Forces Provisional Ruling Council.
(2) After the coming into force of
this Constitution, it shall not be lawful for any court or tribunal to entertain
any action or take any decision or make any order or grant any remedy or relief
in any proceedings instituted against the Government of The Gambia or any person
acting under the authority of the Government of The Gambia, or against any
person or persons acting in concert or individually to assist or bring about the
change in government which took place on the twenty second day of July 1994, in
respect of any act or omission relating to, or consequent
upon:
(a) the overthrow of the government in power before
the formation of the Armed Forces Provisional Ruling Council; or
(b) the suspension or abrogation of the
Constitution of The Gambia 1970; or
(c) the establishment of the Armed Forces
Provisional Ruling Council; or
(d) the establishment of this
Constitution.
(3) For the avoidance of doubt, it is declared that
no action taken or purported to have been taken in the exercise of the
executive, legislative or judicial power by the Armed Forces Provisional Ruling
Council in the name of the Armed Forces Provisional Ruling Council shall be
questioned in any proceedings whatsoever and, accordingly, it shall not be
lawful for any court or tribunal to make any order or grant any remedy or relief
in respect of any such act.
(4) The provisions of subparagraph (3) shall have
effect notwithstanding that any such action as is referred to in that
subparagraph was not taken in accordance with any procedure prescribed by
law.
(5) It shall not be lawful for any court or
tribunal to entertain an action instituted in respect of an act or omission
against a person acting or omitting to act on the instructions or authority of
the Armed Forces Provisional Ruling Council, or a member thereof, and alleged to
be in contravention of any law, whether substantive or procedural, in existence
before or during the administration of the Armed Forces Provisional Ruling
Council.
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That was the end of the Indemnity Clause. The basis
for not entertaining any actions to challenge any fines or recover any
properties confiscated by the Armed Forces Provisional Ruling Council lies in
the section titled " Preservation of Confiscation and Penalties imposed by the
Armed Forces Provisional Ruling Council". It states:
"Any confiscation of any property or other
penalties imposed by the Armed Forces Provisional Ruling Council or the Chairman
shall not be questioned or reversed by any Court or other authority under this
Constitution or any other law."
I hope you've found this useful. Have a good
day.
Buharry.