The Transitional National Legislative Assembly has put forth a condition for reinstating Juol Nhomngek, an SPLM-IO MP, after he was suspended from parliamentary sessions.
The parliament insists that Nhomngek must drop his case in the East African Court of Justice and adhere to disciplinary measures to have his suspension lifted.
Nhomngek’s suspension was imposed on April 26 by the Assembly Business Committee (ABC), following his allegations against the parliament speaker, Jemma Nunu Kumba. He accused Kumba of embezzling approximately $1.5 million and 12 million South Sudanese Pounds, as well as mishandling funds used during the Eastern African lawmakers’ sports events.
Additionally, Nhomngek claimed that he was unfairly suspended without being given a chance to defend himself before the assembly. In response, he decided to pursue the matter in the East African Court of Justice, expressing his determination to continue the case until improvements are seen within the legislative assembly.
Last month, Farouk Gatkuoth Kam, the Chief Whip of the Sudan People’s Liberation Movement in Opposition (SPLM-IO) in the national parliament, urged the speaker to allow Nhomngek access to parliament premises, asserting that the obstruction was not lawful.
However, according to parliament spokesperson John Agany, Nhomngek’s decision to proceed with the disciplinary case in the East African Court was unnecessary, as the Adhoc committee followed the Assembly’s conduct of business laws in disciplining him.
Speaking to Radio Tamazuj on Monday, Agany clarified that there are no established guidelines with the East African Court of Justice that would affect the proceedings of the assembly.
He stated, “The Adhoc committee was formed, and then Joul Nhomngek was found to be guilty of abusing the person of the speaker. So, in fact, the same conduct of business convicted him. For that matter, we have no working guideline with the East African Court as to affect the speaker’s proceedings.”
Agany further emphasized that Nhomngek’s reinstatement is contingent upon him withdrawing the case from the East African Court of Justice. “I was hearing the speaker saying if this man (Joul) wants to come back, he must withdraw the case from the East African Court of Justice. That is the condition given to him,” Agany said.
However, Nhomngek has declined to comply with the demand, asserting that he is prepared to pursue his case to prove his argument. He clarified that filing the case in the East Africa Court of Justice was not solely due to his suspension but rather to substantiate his claims of embezzlement and unauthorized construction projects in the parliament premises by speaker Jemma Nunu Kumba.
Nhomngek remained resolute in his pursuit of justice and stated, “What I am challenging is not the suspension, but the illegal way of coming with the suspension and denying me a fair hearing for me to present my evidence.”
“The whole process was illegal. The speaker (Jemma Nunu Kumba) acted illegally and that illegality should not be attached to my suspension. I must proceed with my case at the East African Court of Justice. I will not change my mind. If it means that I must leave the national parliament, this case must go to the East African Court and up to the European Court of Human Rights,” Nhomngek defiantly asserted.