By Kebba Ansu Manneh
Lawyer Ousainou Darboe, Leader of United Democratic Party (UDP) has stated the United Democratic Party (UDP) will take legal action against the Independent Electoral Commission (IEC), for usurping the powers of the Supreme Court for the rejection of Momodou Sabally
Nomination papers for the Busumbala Constituency in the April 9 Parliamentary election.
UDP Party Leader was speaking at a press conference held at the party’s bureau at Pipeline where he appealed to the Inspector General of Police (IGP) to immediately withdraw his men from all access roads leading to his residence in Pipeline, disclosing that all roads leading to his home are all manned by Police Intervention Unit (PIU) personals.
According to him, the IEC Returning officer has no mandate to reject the nomination of Momodou Sabally based on his own interpretation of the law, arguing that Momodou Sabally has never acquired any money illegally, nor defrauded the state nor abused his office.
Lawyer OusainouDarboe continued to argued that section 90 (1) (e) cannot be used as a yardstick to ban Momodou Sabally from contesting for election, adding that Gambian government has in fact, stated in its Whitepaper that it was former President Yahya Jammeh who bears the responsibility of paying these monies to the state.
“If Momodou Sabally was liable to defrauding, abuse of office or illegal acquisition of monies the Janneh Commission would have stated this in its report in no uncertain terms. Janneh Commission Chairman, Lawyer Surahata Janneh and Lead Counsel Amie Bensuda are highly respected counsels in the country and will hesitate to state these issues raised by IEC Returning Officer in their report.
“This Returning Officer first usurps the functions of the Supreme Court to reject Mr. Sabally’s nomination. Second, the reasons why Mr. Sabally should not contest for election are not contained in the report of the Commission,” Lawyer Darboe told journalists.
He added: “In fact, as confirmed by the Whitepaper who said that all the monies that Mr. Sabally was alleged to have should be recovered through the sales of assets of the former President. Why ban him?, we want to put this out to the world and to say that again IEC is at it again to help the NPP win a meritorious electoral victory, they (IEC) is at it again.”
Darboe continued to alleged that the rejection of Momodou Sabally from contesting the forthcoming parliamentary election is a clear indication that IEC is doing everything possible to help NPP wins, arguing that the Returning Officer has no authority to reject the nomination of Momodou Sabally and should have accepted the nomination of Momodou Sabally and let anybody who would want to object Sabally’s nomination.
He said the Returning Officer could have acquaint himself with the Janneh Commission Report as well as the constitution of the Gambia before rejecting Sabally’s nomination, adding that there is nowhere in the constitution that says “if you are indebted you cannot contest for elections.”
He called on the Independent Electoral Commission to be very careful in handling thorny political issues that are governed by law, noting that the property IEC could have done is to accept Sabally’s nomination and consult the Supreme Court or their own legal team in this matter.
“He (Returning Officer) said Sabally has 48hours to appeal but we will not only appeal, we will challenge this decision in the High Court as others have done previously. Just as Citizen Alliance has done in the nomination of Mr. Ismaili Ceesay, Mai Fatty, of Gambia Moral Congress nomination, we will do that so for Mr. Sabally to contest this election,” UDP Leader Darboe vowed out.
Lawyer Ousainou Darboe also informed the IGP that crowds will continue to gather at both his house and office especially during this political season, adding that nobody can stop UDP crowds from visiting his house and office under the confines of the law.
“Please let us all help each other to keep the peace and tranquility of this country that is in all of us and do not believe you have men whom you have supplied with tear gas that they can really cow determination, they cannot.
That should not happen, that situation should never arise, leave us we are law abiding citizens, we have always been peaceful for the past 27 years since the founding of the UDP,” Darboe warned the authorities.