#Article (Archive)

Supreme Court to Hear UDP, NRP, Abdoulie Conteh Case

Jun 20, 2008, 2:35 AM | Article By: By Modou Sanyang

Pursuant to rule 4(1) of Supreme Court of The Gambia Rules, the Supreme Court is expected to commence its session on Monday, 23rd June 2008. Among the cases awaiting hearing during the session are the criminal appeal case filed by Mr Omar A. Jallow, alias OJ, against the state; the criminal appeal case filed by Abdoulie Conteh against the state, and the civil suit filed by UDP, NRP and Momodou K. Sanneh, the plaintiffs, against the Attorney General and Independent Electoral Commission as 1st and 2nd defendants respectively.

Omar Jallow's appeal case is in connection with the arrest of the NADD members by the authorities, the subsequent charges brought against them and their appearance before a court of law. It is noteworthy that the matter in question was later dropped by the authorities before Omar Jallow later filed an appeal at the Court of Appeal for the case to continue. The state objected to the appeal and the objection was upheld by the Court of Appeal. Undaunted however, Mr Jollow, again filed the matter at the Supreme Court.

The Abdoulie Conteh appeal is in respect of his acquittal by the High Court, a decision the state contested in an appeal to the Court of Appeal. The Court of Appeal upheld the state's appeal and ordered it to continue with the case if they so wished. The appellant, Abdoulie Conteh, thereupon filed the matter at the Supreme Court against the Court of Appeal's decision.

Also the civil suit brought by UDP, NRP and Momodou K. Sanneh against the Attorney General and IEC was in respect of the amendment of the Local Government Act 1997 by the National Assembly, which gives the President the power to remove elected councillors and also the non election of Area Council chairmen through Universal Adult Suffrage. The plaintiffs are contesting the said amendment act. The matter was first heard by the Chief Justice, Abdou Kareem Savage, sitting as a single Judge who later dismissed the matter. The plaintiffs again took the matter to a five-member panel of Judges who also dismissed it on the grounds of lack of jurisdiction. The plaintiffs later decided to take the matter before a seven-member panel of Judges at the Supreme Court.