#Headlines

Supreme Court adjourns  electoral  petition case 

Dec 22, 2021, 1:26 PM | Article By: Momodou Jawo

The Supreme Court yesterday adjourned the United Democratic Party’s (UDP) electoral petition to Friday 24 December 2021. The petition is asking the court to annul the December 4th presidential election results, citing abnormalities.

 

 

President-elect Barrow’s legal team in the on-going electoral petition case on Tuesday withdrew the motion they filed last, which was urging the court to dismiss the UDP petition. According to the defence team of the first respondent, they on Monday filed another motion which they say was more detailed than the former.

The Supreme Court therefore granted the application made by lawyer Sheriff Tambadou on behalf of the Barrow legal team and struck out the first motion filed but awarded a cost of D10, 000 to the petitioner UDP. 

The case was adjourned for Friday 24th of December 2021, at 9:30 a.m. for hearing of what Sheriff Tambadou described as a much detailed motion comprising eight prayers.

It could be recalled that the UDP filed a petition at the Supreme Court of The Gambia asking the court to nullify the election result 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 secured 27% of the total votes cast.

In their petition sent to the Supreme Court, the UDP states the election is invalid by corrupt practises during the campaign period by the NPP 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 machines 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 engaged in giving financial inducements to voters throughout the country during the 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 by reason of the fraudulent and wrongful insertion of non-Gambians (i.e foreign national from neighbouring countries who are residents within 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 voters 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.”

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