By Mama A. Touray
The United Democratic Party (UDP) former aspiring councilor for the Chamen Ward, Musa Cham on Monday at the Supreme Court of The Gambia testified on the ongoing election petition case.
Musa Cham appearing before Chief Justice Hassan B Jallow and represented by Counsel B Touray, who took him through the testimony testified that he is a resident of Chamen in Nianidistrict, Central River Region, and that he contested for the Chamen Ward under the ticket of the united Democratic Party after the chosen candidate’s withdrawal on April 8, 2023.
“Yaya G Sowe was the candidate for the ward and he withdrew from the race on the 8th April 2023. After his withdrawal, I presented myself to the United Democratic Party, and my candidature was approved to replace Yaya G Sowe.
Cham explained to the court that “On Saturday 8th April 2023, when Yaya withdrew I presented myself to the party leader’s office in pipeline. When I got to the office, I told him that as the candidate for Chamen Ward has withdrawn, I am here to present myself for the position and he accepted. Then I drove back to the village and discussed it with the party elders in Nianija”.
He continued that on that very day the 8th of April 2023, his brother went for his nomination paper at Janjanbureh, Sunday, which he said was not a working day, the following day Monday was a public holiday, and Tuesday 11th of April he submitted his nomination credentials.
Musa Cham told the court that, he went to the nomination ground with a list which is more than seventy-five people, a valid voter card, a national identity card, tax clearance from the Gambia Revenue Authority, an asset declaration, and a party sponsorship letter from the United Democratic Party. And that he submitted the file to the returning officer, Mr. Taal, at Janjanbureh Administrative Area.
Cham also told the court that in the process, he had a phone call and excused himself “he told me to give him time, I have a phone call” and that Taal went to his office for nearly 10 minutes, and came back and found him, Cham, and his delegates.
Cham said when Taal came he told him that “This does not call for panic and that he is in consultation”. He said Cham received a call again and was away for nearly 10 minutes, and that when he returned he asked one of his juniors to go to the office and collect the form for his nomination.
“He said something which I can’t recall and gave me my rejection letter. I asked him what was the basis of his rejecting my nomination which he cannot explain, there was push and pull between Taal and my people (no physical fight, it was just verbal) we want him to tell us the reason for the rejection. I told him that I am going to the election commission,” he explained at the court.
Cham continued that on the 12th of April 2023, he went to the party leader’s office at Pipeline and he helped him write an appeal and he dropped the letter to the election commission.
The Independent Electoral Commission, he said, responded on the 13th they agreed on Taal’s rejection of his candidature. Cham said upon receiving the response of the IEC during the weekend Monday he drove to the party leader’s office and expressed dissatisfaction with the IEC’s response “I believed it is a total violation of my constitutional rights. The people of Nianija were deprived the right to choose as to who they want to serve them for the next five years”.
Counsel B Touray however, sought an adjournment date which was objected to by counsel for the respondent. Counsel objected to the adjournment and asked for a cost and the Chief Justice asked the complainant to pay a fine of two thousand dalasi for not coming with all the evidence they needed to continue the hearing.
The matter was, however, adjourned to today 11th July 2023 at 3:00 pm for continuation of hearing.
