By: Staff Reporter
The Supreme Court of The Gambia yesterday dismissed the election petition case filed by the Opposition United Democracy Party {UDP} for non-compliance with rule eleven of the election act.
A panel of judges led by the Chief Justice, Hassan B Jallow went through the submissions and arguments of both parties before handing down the verdict. Dissatisfied with the December 4th presidential election, the Opposition United Democratic Party {UDP} filed an injunction before the country’s constitutional court challenging the election results in which the electoral body declared the National Peoples’ Party’s flag bearer, Adama Barrow as the winner.
During the hearing, the legal team representing Adama Barrow, led by Sheriff Marie Tambadou urged the court to dismiss the petition for not complying with rules nine and eleven of the election act and the security of the respondent.
However, after going through the submissions and citations made by parties, the panel of five -member judges upheld that the petitioner has failed to comply with rule eleven of the election act which according to the judges of the apex court is mandatory.
“Rule eleven of the election act is mandatory and non-compliance with rule eleven of the election act is fatal to the proceedings,” a five-member panel of judges led by the Chief Justice observed.
Consequently, the panel unanimously dismissed the entire petition for not complying with rule eleven of the election act with a cost of D100, 000 (hundred thousand dalasi) to the first respondent President elect-Adama Barrow.
The petitioner, the Opposition United Democratic Party {UDP} filed a petition a petition case on December 14th before the Constitutional Court outlining numerous election malpractices ranging from denial of party agents to have access to ballot boxes before the commencement of the voting, participation of non-Gambians in the election and bribery among a host of irregularities.