Darboe argues IEC has no powers to reject Sabally

Mar 11, 2022, 12:58 PM | Article By: Ali Jaw

The leader and secretary general of the United Democratic Party (UDP), Hon. Lawyer A.N.M. Darboe has clarified that IEC has no authority vested on it to reject Momodou Sabally based on constitutional provisions.

The veteran lawyer insisted that the sole body vested with interpreting constitutional provision is the court of law.

“However, at the end of their interaction, he (IEC returning officer) says: “I reject your nominations, I do not accept your nominations, because the Commission of Enquiry has banned you from contesting under section 91 (E) of the Constitution,” Mr. Darboe quoted the IEC returning officer as saying.

“When he looked at the document, for him there is a constitutional issue, and that constitutional issue should not be determined by the returning officer. That should be determined by the Supreme Court, because if an issue of interpretation of the constitution arises, the proper authority to do is the Supreme Court; it is not the returning officer.”

Darboe said that the IEC returning officer had acted for his own reason and rejected Sabally. “The reason why Sabally should be rejected does not contain in this report,” he said, referring to the Report of Commission of Inquire.

Mr. Darboe urged the Inspector General of Police to withdraw his men stationed around front and back of his Pipeline residence, saying we are in a political season and that his supporters have the right to go and come around the residence.

He assured that he and his party will continue to abide by the laws of this country as they have been doing over the past 27 years, but should not be provoked.

He said that the UDP will not only appeal Sabally’s rejection by the IEC but would challenge the matter at the court.  

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