 |
|
| Author |
 Topic  |
|
|
toubab1020
12306 Posts |
 Posted - 13 May 2011 : 20:45:35
|
I bet that all this will go to "The State"  , Thank You !!
http://dailynews.gm/africa/gambia/article/libyan-asset-seizure-order-is-judicial-fraud-mai-fatty
‘Libyan Asset Seizure Order is Judicial Fraud’ – Mai Fatty
Friday, May 13, 2011
A Gambia opposition leader has slammed as ‘judicial fraud,’ the Gambian High Court’s decision, which allows Gambia government to seize assets of embattled Libyan leader Ghadafi.
Gambia government’s decision to close down Jerma Hotel, LAICO Hotel and Dream Park had reportedly failed after it was confirmed that the said investments are not owned by Ghadafi.
However, Justice Awa Bah on May 6, 2011 ordered the seizure of properties and assets Libyan African Investment Company (LAICO) in Gambia. The assets are not named in the Order, according to Daily Observer newspaper.
Mai Fatty, the leader of opposition-Gambia Moral Congress (GMC) said, the asset seizure was obtained through, what he called, “a judicial fraud with the sole purpose of legitimising, as usual, relentless executive excesses.”
“The record shows that Justice Awa Bah made what amounts to a final judgment in violation of the principles of natural justice, and in particular audi alteram partem,” he said, in a press release made available to The Daily News.
A lawyer by profession, Fatty said, the legal procedure adopted by the Attorney General´s Chambers in Court cannot entitle The Gambia Government either in municipal or international law to obtain an Order to freeze Libyan assets in The Gambia.
“The President should not act pursuant to such an anomaly. It would be an international disgrace for him to act via such a fraudulent process,” he advised. “Justice Awa Bah´s decision to render the validity of an ex parte Order indefinite is not supported by any law of the land, either statutory or precedent. It is not lawful.
The outspoken lawyer challenged the State to prove him wrong in law, noting that the entire Ministry of Justice would not be able to do that.
According to him, United Nations has not yet withdrawn recognition of the existing Libyan Government as the Order implies. There was no power vacuum in Libya at the date of the Order, as is the case to date.
“We simply insist that the actions of the APRC regime should not encumber The Gambian State,” he warned.
“The APRC regime should have stuck to its original notion of recognition of the western sponsored Benghazi rebel movement, and pursuant to that, seize exclusively former Libyan government owned assets as an act of State, without resorting to obtaining by judicial fraud.”
Author: newsdesk
|
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
|
Edited by - toubab1020 on 13 May 2011 20:48:40 |
|
| |
Topic |
|
|
|
| Bantaba in Cyberspace |
© 2005-2024 Nijii |
 |
|
|
Topic Locked
