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Election Petition Case: UDP Files Motion Ex-Parte For Review of Supreme Court Ruling

Lawyer Ousainu Darboe
United Democratic Party Leader

By Landing Ceesay 

The United Democratic Party (UDP) on Monday filed a motion ex-parte seeking a review of the Supreme Court’s 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. 

“Members and supporters of the UDP and the general public are hereby notified that the United Democratic Party has today (10th January 2022) filed a motion to seek leave of the Supreme Court to make an application for review of this Court’s ruling dated the 28th of December, 2021, and for such, further or other orders as to this Honourable Court may seem just.

“The UDP wishes to reassure all Gambians of its commitment to rule of law and to leave no stone unturned in its pursuit for justice.  It is in this context that the application was filed,” UDP said in a statement on Monday.  

The opposition party filed the petition at the Supreme Court against the first respondent 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 and accused the IEC of conspiring with Barrow and his party and used NPP supporters as presiding officers in the presidential election.

During the first hearing of the petition case on 16thDecember 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 for non-compliance with rule 11 of the election petition rules.

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