Chief Justice
By Landing Ceesay
The Supreme Court of the Gambia today refused the United Democratic Party’s (UDP) ex parte motion seeking a review of its ruling on its election petition case.
The filing of this motion came after the Constitutional court last month struck out the opposition party’s election petition case due to technicality.
The opposition party filed the petition at the Supreme Court against the first respondent (Adama Barrow and his National People’s Party) and the second respondent (the Independent Electoral Commission), seeking the court to nullify the December 4 presidential election results, alleging irregularities in the presidential election campaign.
The UDP accused Barrow and his National People’s Party (NPP) of bribing and inducing the electorates during the campaign period. The petitioner also alleged that the IEC conspired with Barrow and his party, and made NPP supporters as presiding officers in the presidential election.
During the first hearing of the petition case on 16th December at the apex court, lawyers for the first respondent filed a “notice of motion”, for the court to dismiss the case based on Constitutional grounds.
In the “notice of motion”, the lawyers of the first respondent argued that a sitting President under the 1997 Constitution of the Republic of The Gambia, cannot be tried in court.
However, during the 24th December hearing, the lawyer for the 1st respondent, Sheriff Marie Tambadou in his submission before the court said there were irregularities and non-compliance with regard to the petition.
On 28 December hearing, Chief Justice Hassan B. Jallow struck the UDP petition case for non-compliance with rule 11 of the election petition rules.
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