UDP was therefore ordered to pay a cost of D100,000 to the first respondent.
Chief Justice Hassan B. Jallow who read the ruling on behalf of four other Supreme Court justices on Tuesday, said: “The Supreme Court of The Gambia held that the United Democratic Party (UDP) filed their petition and the amended petition on time.”
He added: “The Court also held that President-elect Adama Barrow who is the 1st respondent in the electoral petition was also properly served.”
“The Supreme Court also held that the UDP failed to comply with the requirement of Rule 11 of the Election Petition Rule which required that you file a motion of petition and security,” he posited, claiming that this provision is mandatory.
He therefore, struck out the case based on the opposition UDP failure to comply with Rule 11 of the Election Petition Rule.
It could be recalled that the UDP on the 14th of December filed a petition at the Supreme Court of The Gambia asking the court to nullify the election results of the just concluded December 4th presidential election, citing a series of abnormalities.
The December 4th presidential election showed the incumbent President Adama Barrow winning 53.2% of the total votes cast, while UDP which contested the election results secured 27% of the total votes.
In the petition sent to the Supreme Court, UDP states the election is invalid by corrupt practises of the winner during the campaign period set by the Independent Electoral Commission (IEC) in violation of Section 116 of the Election Act; the respondent and members of his party, bribed and provided inducement to voters in various parts of the country during the political campaign period.
The UDP further claimed that the respondent and members of his party (NPP) distributed milling machine in various regions of The Gambia including the following villages in constituencies in parts of the Upper River Region including Kumbija 2 milling machines, Sarre Musa 1 milling machine, Baniko 1 machine, Sonkunda 1 machine, Basse Layout 1 machine, Misera 1 machine, Birifu 1 machine, Sare Mamadu 1 machine, Basse T-Junction 1 machine and Tambasansang 1 machine.
The party further claimed that the said election was invalid or void by corrupt practises in violation of Section 116 of the election Act in that the Respondent and members of his party NPP were engaged in giving financial inducements to voters throughout the country during the political campaign period set by the IEC.
They said in a bid to induce and influence the alkalolu (heads of communities) themselves and the residents of their villages, the Respondent, in a campaign speech during the period in the month of November 2021 or thereabouts, announced that all Alkalolu across the country would receive a salary of D3, 000 per month if he won the election.
“The said election was invalid because of the fraudulent and wrongful insertion of non-Gambians (i.e foreign national from neighbouring countries who are resident in the country) in the register of voters across the length and breadth of the country. This insertion was done without the knowledge of the petitioner until the appearance of a substantial number of non-Gambians was reported during and after the election. Evidence of the names of non-Gambians so inserted will be presented at trial.”
“The petitioner pleads the register of votes for the 2021 presidential election, the statement of results for the 2021 presidential elections, and will seek an order from this Honourable court for the Independent Electoral Commission to produce its database and relevant records.”
