By: Staff Reporter
The Supreme Court of The Gambia on Tuesday ordered the defence team representing the first respondent to pay the sum of ten thousand dalasi (10,000) as cost to the petitioner, the opposition United Democratic Party.
This followed after the court granted the withdrawal of a motion for the dismissal of the petition by the first respondent.
Lawyer Sheriff Marie Tambadou, who led the legal team representing the first respondent President Adama Barrow’s leader of National People’s Party (NPP), argued that they have filed a motion of consolidation before the court on Monday and they have decided to withdraw the previous application which is praying for the dismissal of the entire petition.
Dissatisfied with the 2021 December 4th Presidential Election, the opposition United Democratic Party (UDP) last week filed an election petition before the Supreme Court of The Gambia to declare the election of Adama Barrow as void due to fraud and malpractices.
The opposition United Democratic Party raised scores of election malpractices bordering from bribery, denial of party agents to have access to ballot boxes before the commencement of the election, and voting of non-Gambians among a host of malpractices.
Moving the application before the Supreme Court judges led by the Chief Justice, the lead counsel for the first respondent submitted that the motion of consolidation needed to be determined first before dealing with the other motions. Lawyer Tambadou urged the court to dismiss the motion seeking for the dismissal of the petition and granted the two motions filed on Monday noting that the two motions are to be argued together.
Reacting to the application, lawyer for the petitioner, Borry S. Touray also urged the court to rule out the application, arguing that the application has no basis but a tactic by the respondent to delay the case.
The court however, after unanimous consultation granted the respondent’s application for the withdrawal of the first motion which is asking for the dismissal of the petition, while urging the first respondent to pay a cost of ten thousand dalasi (10,000) to the petitioner.
After setting a roadmap for the hearing of the case in order to expedite the case within thirty days, the Chief Justice ruled that the full hearing of the case will commence on 28th December, while also drawing timeline for all the parties to present their case. During the hearing according to the Chief Justice, statements filed by parties will be considered as evidence-in-chief upon which the witnesses will be cross-examined. The court subsequently adjourned the case to 24th December for hearing of the two motions filed by the first respondent. Meanwhile the petition has also included the attorney general as third respondent in the case who is being represented by a legal team led by the Solicitor General, Hussain Thomasi.
