Jobarteh, the UDP candidate for Kuntaur Area Council Chairmanship election has
now filed a petition against Saihou Jawara, Mustapha F.M. Jobe, The returning
officer of Kuntaur Area Council and the Attorney General before the High Court
of The Gambia.
Judicial sources revealed that Aussainou Jobarteh filed petition on Tuesday 24th of July, 2018, at the High Court’s registry and the matter has been assigned for hearing to a judge during the summer vacation.
According to the petition, the petitioner, Aussainou Jobarteh of Kayai village in the Central River Region North District voted in the 12th of May, 2018, Chairmanship election and have right to be returned or elected at the Chairmanship Elections held for the Kuntaur Area Council.
The petition stated that Aussainou Jobarteh, Saihou Jawara, the 1st Respondent and Mustapha F.M. Jobe, the 2nd Respondent were candidates in the said election and the returning officer, the 3rd Respondent returned Saihou Jawara, the 1st Respondent as duly elected.
The petition also stated that Kuntaur Area Council was divided into five electoral districts/constituencies namel: Kuntaur, Lower Saloum, Upper Saloum, Niani-ja, Niani and Sami.
That each of the electoral district/constituencies had polling stations which were identified by name as well as code.
The petition further stated that at the end of the voting, counting of votes took place at the polling stations where voters voted i.e counting was on the spot, and was carried out in the presence and full view of agents representing and protecting the interest of each of the candidates.
That at the end of the counting, the presiding officer fills a polling station results form, wherein the records or votes polled by each candidates was recorded, whilst the presiding officer, the agent representing each of the candidate all signed the polling station’s results form to authenticate the results as recorded in the said form.
The petition disclosed that during the trial the petitioner will produce and rely on the various polling station results form that were duly signed by the presiding officer and the agent for each of the candidate authenticating the number of votes polled by each candidate.
The petition prays that Aussainou Jobarteh, the UDP candidate was duly elected as the chairman of Kuntaur Area Council at the said election held on the 12th of May, 2018, and not Saihou Jawara.
It could be recalled that the said petition was filed before the Supreme Court of the Gambia but was dismissed for lack of jurisdiction by the said court.