Lead counsel, Sheriff Marie Tambadou who represents the first respondent in the election petition filed by the opposition United Democratic Party has asked the supreme Court to dismiss the case for ignoring procedural rules as spelled by the election act.
Challenging the legality of the election petition, Tambadou highlighted what he described as a “fatal defect’ in the petition, arguing that there was no compliance with the election act and rules observed by the petitioner during the filing of the petition.
Citing rules nine and eleven of the election act, the lead counsel submitted that both the petition and the amended one were not served to the first respondent alongside a notice of security after five days of filing the petition .
Tambadou urged the court to disregard the petition for not fulfilling the rules as stipulated in the election act, and referenced previous cases to strengthen his dismissal motion.
The petitioners legal team, represented by Lawyer, Borry S Touray called attention to the prayers contained in the dismissal motion which he readout to support the petitioners case for a hearing.
Lawyer Touray constitutional legalities by which the petitioners failure to file a notice of petition does not affect procedure arguing that the affidavit served by the petitioner is adequate notice to all respondents
“When notice is filed, it is the duty of the court to ensure the service is effective”. Touray added further submitting that a petition filed under the election act has a time frame to be determined, whilst urging the court to dismiss the application with a cost.
Second respondents, the Independent Electoral Commission (IEC) and third respondent, the Attorney General unanimously associated themselves with the submission of the first respondent.
The five-member lineup of supreme Court judges led by the Gambia’s Chief Justice Assan Jallow have adjourned the matter to December 28th for the continuation of hearings.
