President Adama Barrow of the National People’s Party (NPP) is the respondent of the petition.
The December 4th presidential election showed the incumbent President Adama Barrow winning 53.2% of the total votes cast, while UDP which is contesting the election results secured 27% of the total votes cast.
Borry D.S. Touray, the lead lawyer of the UDP in this petition, expressed confidence that the Supreme Court of The Gambia will nullify the presidential election results, claiming that the election was rigged.
Meanwhile, national, domestic and international observers have described the just concluded election as a ‘free, fair and transparent’ election.
Despite the country being credited for conducting ‘free, fair and transparent election’, the UDP lawyer, said: “Free and fair are just relative terms,” further claiming that: “Shakespeare said what is fair is foul and what is foul is fair.”
Quizzed as to why the country’s Independent Electoral Commission (IEC) is not part of the respondent in the petition, he said: “IEC is not part of the petition as of now. However, we are certainly not ok with the way IEC conducted the election,” he posited, while declining to comment further on the issue.
Mr. Touray expressed confidence that the Supreme Court will nullify the IEC results, adding that spot counting can also be rigged
In their petition sent to the Supreme Court, the UDP, states the election is invalid by corrupt practises 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 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 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.”