UDP is asking the court to nullify the just concluded December 4th presidential election results due to alleged abnormalities.
However, five Supreme Court justices have adjourned the case to Tuesday 21 December 2021 for the hearing of the motion filed by Adama Barrow defence team.
The Supreme Court justices presiding over the electoral petition case are Chief Justice Hassan B. Jallow, Justice Cherno Sulayman Jallow, Maimuna M. Sey, Awa Bah and Edrisa Fafa Mbai.
The UDP is represented by Lawyer Borry S. Touray, Abdul Aziz Bensouda and Lamin L. Darboe.
The Independent Electoral Commission (IEC) is represented by Lawyer Kebba Sanyang and Malick Jallow, with Adama Barrow’s team represented by Sheriff Tambadou, Christopher Mene, I. Richards and Paulin Bakurim.
On Friday, Lawyer Kebba Sanyang for the IEC told the court: “We intend to raise preliminary objection about the case. We want to know as to why the petitioner (United Democratic Party) decided to involve us in the suit,” he said, while further claiming that they were served with the motion seeking for the dismissal of the case. He therefore accepted to be served with the motion in the court.
Sheriff Tambadou, Adama Barrow's lawyer informed the court that they were served with the amended petition together with the Order of Court to obtain ex-parte. “Therefore, we wish to advise ourselves on the ex-parte of the UDP file,” he said, while further claiming: “Rule 22 of the election petition requires that application of the petitioner must be on notice particularly on amendment. We therefore need to take the necessary step.”
Lawyer Tambadou also suggested for the court to hear both the petition and motion together with a view to enabling them take a decision on the same day.
Lawyer Borry Touray of the UDP interjected and said the proceedings as it stands were in the hands of the court, claiming that they were ready for any day the court wishes.
The Chief Justice Hassan B. Jallow said the court was giving the 1st respondent and the 2nd respondent until 22nd of December to file a response to the petition. “We are also in a position of a motion seeking the dismissal of the case on constitutional grounds. Therefore, I urge the UDP and IEC to respond to this motion in two days.”
Chief Justice Hassan B. Jallow also invited both parties for what he described as a status conference at his chambers on Monday 20th of December 2021 with a view to enabling them discuss the roadmap and timeline for the case.
On the issue raised by Tambadou for the court to hear both the motion and the petition on the same day, Chief Justice Hassan B. Jallow, said: “The motion is touching on their jurisdiction which is for the Supreme Court to hear the case. This is the beginning which needs to be addressed before the petition is heard,” he posited.
C.J Jallow urged all parties to work together to ensure that the case is expedited given the fact that the case is of interest to the public.
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