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Motion To Dismiss UDP Petition Case: Barrow To Pay D10, 000 For Withdrawing Motion


Hassan B. Jallow
Chief Justice of the Supreme Court

By Landing Ceesay

The Supreme Court of the Gambia has asked first respondent (President-elect Adama) to award D10, 000 to the Petitioner (United Democratic Party) for the cost of withdrawing their motion to dismiss the election petition case.

The UDP has filed an election petition at the Supreme Court against President-Elect Adama of the National People’s Party (NPP), as the first respondent and the Independent Electoral Commission (IEC) as the second respondent 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 presidential election 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 at the Supreme Court, lawyers for the first respondent filed a “notice of motion” for the court to dismiss the case based on Constitutional grounds. 

The lawyers argued in the “notice of motion” that a sitting President cannot be tried in court under the 1997 Constitution of the Republic of The Gambia. 

In a dramatic twist in today’s hearing of the motion case at the Supreme Court, Sheriff Marie Tambadou, one of the lawyers of the first respondent said they have applied for the withdrawal of the “notice of motion” and filed another motion.

Lawyer Tambadou said the second motion is more detailed and elaborate than the first motion.

In response to the withdrawal of “notice of motion”, Hassan B. Jallow, Chief Justice of the Supreme Court told Lawyer Tambadou that the court was ready to hear the motion today, if they are ready. But Tambadou, lawyer for the 1st respondent said the case could not be heard today because they have already applied to withdraw the motion.

Then, Lawyer Borry S. Touray, counsel for the petitioner (UDP) said they already prepared to argue on the motion which was filed in the first hearing and that they wish for it to be heard today separately from the second motion filed by the first respondent.

Touray said the lawyers for the first respondent applied another motion as a tactic to waste the courts time.

Sheriff Marie Tambadou, a lawyer for first respondent said they want both motions to be heard together that was why they applied to withdraw the first motion on December 20.

Chief Justice Hassan B. Jallow after consultation with the panel of judges granted the withdrawal of the “notice of motion” filed by the lawyers of the 1st respondent and asked the 1st respondent to pay D10,000 to the petitioner (UDP) for the cost.

Before adjourning the case, the Chief Justice told all parties- the UDP (petitioner), President Barrow (1st respondent), the IEC (2nd respondent) and the Attorney General (3rd respondent) to file and serve all the particulars of their witnesses on or before 24th December 2021.

The Chief Justice later gave both petitioner and 1st respondent each five days to argue their case; and gave the 2nd respondent two days and 3rd respondent a day to argue their case.

He then adjourned the hearing of the motion to 24 December 2021 at 9:30am and the hearing of the petition case to 28 December 2021. 

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