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Supreme Court Set for Third Session

Nov 24, 2008, 4:24 AM | Article By: Modou Sanyang

The Supreme Court will today commence its third session pursuant to Rules 4(1) of the rules of the Supreme Court of The Gambia. The third session will end on 4th December 2008. During this session, the Supreme Court will hear several high-profile cases - seven civil cases, one criminal and two constitutional appeals and cases.

Amongst the case to be heard by the Supreme Court during its third session is the civil suit filed by the United Democratic Party, National Reconciliation Party and Momodou K. Sanneh against the Attorney General and the Independent Electoral Commission.

The three plaintiffs are seeking a declaration that nullifies the Constitution of the Republic of the Gambia 1997 (Amendment) Act passed by the National Assembly on 6th September 2007 and which the President assented to on 1st October 2007.

According to them, it runs contrary to the spirit and intent of section 193 (1) of the constitution of the Republic of The Gambia, and therefore void and of no effect.

They also seek a declaration that the bill entitled the Local Government (Amendment) Act 2007 passed by the National Assembly on 31st 0ctober 2007 and assented to by the President on 19th November 2007 was made in excess of the powers conferred on the National Assembly and the president. And also a declaration that the local government (Amendment) Act 2007 (Act No:13 of 2007) was null, void and of no effect.

The Local Government Amendment Act gave the President of the Republic the power to remove and dissolve the elected Councillors and also the non- election of Area Council Chairmen through the Universal Adult Suffrage.

Another case to be heard by the Supreme Court during its third session is the criminal appeal case filed by former KMC Mayor Abdoulie Conteh. Mr Conteh is appealing at the Supreme Court against the decision of the Court Appeal. The Court of Appeal had overturned his acquittal by the High Court.