By Ousainou J Sawaneh
The Supreme Court of the Gambia has on Monday dismissed the United Democratic Party’s application seeking the court to review its earlier ruling on 28th December and allow the court to hear their election petition against President Elect Barrow, independent electoral commission, and Ministry of Justice.
It could be recalled that the UDP filed a motion dated the 10th January 2022 seeking review of the Supreme Court decision against them after the court on the 28th December 2021 struck out their election petition case brought against Adama Barrow (President), the Independent Electoral Commission (IEC) and the Attorney General, seeking the court to nullify the December 4 presidential election results, alleging irregularities in the presidential election campaign.
The court held that the Petitioners (UDP) failed to comply with the requirements of Rule 11 of the Elections Petition Rules by not filing a notice of petition and the proposed security.
The UDP accused Barrow and his National People’s Party (NPP) of bribing and inducing the electorates during the campaign period. The petitioner also alleged that the IEC conspired with Barrow and his party, and made NPP supporters as presiding officers in the presidential election.
During the first hearing of the petition case on 16th December at the apex court, lawyers for the first respondent filed a “notice of motion”, for the court to dismiss the case based on Constitutional grounds.
In the “notice of motion”, the lawyers of the first respondent argued that a sitting President under the 1997 Constitution of the Republic of The Gambia, cannot be tried in court.
However, during the 24th December hearing, the lawyer for the 1st respondent, Sheriff Marie Tambadou in his submission before the court said there were irregularities and non-compliance with regard to the petition.
On 28 December hearing, Chief Justice Hassan B. Jallow struck the UDP petition case for non-compliance with rule 11 of the election petition rules.
