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Motion Withdrawn, Witnesses to Appear in Election Petition Trial

In the ongoing election petition trials, Barrow’s lawyers withdrew motion and fine a cost of ten thousand as UDP lawyers to call witnesses at today’s trial. The United Democratic Party (UDP) filed a suit at the Supreme Court of the Gambia, challenging the validity of the results of the December presidential elections.
The Barrow side led by Sheriff Tambendou , first put in a place where they are calling for the dismissal of the election petition filed by the UDP and that a sitting president have immunity and therefore he or she could not be sued. This motion was withdrawn at the eleventh hour. The Supreme court however ordered them to pay the UDP lawyers ten thousand dalasi for the withdrawal.
The case will strt at the Supreme Court today with the UDP calling in their witnesses , the court have schedule them to use five days to call witnesses, whiles the Barrow lawyers also are given five days to argue their case.
This is what transpired in the previous sittings:

By Almamo Kamaso

The UDP election petition kicked off at the Supreme Court before the panel of Supreme Courts judges namely: Chief Justice Assan B. Jallow, Cherno Sulayman Jallow, MM Sey, Awa Bah and Edrisa Fafa Jallow.*

President Barrow’s legal team brought a motion that seeks dismissal or striking out of the UDP petition case brought against President Adama Barrow contrary to the provisions of the Constitution on the ground that the President has constitutional immunity from suit granted to him as President of the Republic by section 69 of the Constitution.

According to the motion, section 69 provides that no civil and criminal proceedings shall be instituted against the President while he holds or performs the function of the Office of the President in respect of anything done or omitted to be done by him or her whether in an official or private capacity.

The Court set aside Tuesday, 21 December 2021 for the hearing of the motion. He gave IEC and UDP two clear days to respond to the motion.

Lawyer K. Sanyang informed the court that he intends to raise a preliminary objection as to why the name of IEC is added in the suit.

Lawyer Sheriff M. Tambadou informed the court that they were served with the amended petition by UDP together with the Court Order obtained ex-parte.

“We wish to advise ourselves on the ex-parte order,” Tambadou said.

Lawyer Tambadou pointed out that Rule 22 of the elections petition rules provides that all applications in the petition “must” be on notice, particularly on amendments.

“We need to take the necessary steps,” Tambadou said.

While Chief Justice Jallow asked the lawyers of the IEC and President Barrow to file their response to the petition on or before the 22 of December 2021.

He said the motion will be first heard and determined since it is touching on the jurisdiction of the court to hear and try the case. He said Tuesday, 21 of December is set aside to hear the motion seeking to strike out the case.

The petition case was brought by the United Democratic Party (UDP) against President Adama Barrow and the Independent Electoral Commission (IEC). Mentioned on Friday, 17th December 2021 before the Supreme Court.

Lawyers Bory S. Touray, Abdul Aziz Bensouda and Lamin L. Darboe represented the UDP.
Lawyers Kebba Sanyang and Malick H.B. Jallow represented IEC. Sulayman Joof, the Director of Administration at the IEC represented the electoral body.

NPP of President Barrow’s lawyers are Lawyer Sherriff Marie Tambadou, Christopher E. Mene, I. Richards and Paulin Bakurim.

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