Barely a month after the country’s top Constitutional Court dismissed its election petition for failure to comply with rule 11 of the elections act, the United Democratic Party has announced the filing of a new motion seeking the supreme court to review its ruling of 28 December 2021 verdict.
In a statement, the UDP leadership said: ” The members & supporters of the UDP and general public are hereby notified that today 10th January 2022 the United Democratic Party has filed a motion to seek leave of the Supreme Court to make an application for review of this Court’s Ruling dated the 28th of December, 2021, and for such further or other orders as to this Honourable Court may seem just. The UDP wishes to reassure all Gambians of its commitment to rule of law and to leave no stone unturned in its pursuit of justice. It is in this context that the application was filed today. Thank you.”
The Supreme Court of The Gambia on Tuesday 28 December 2021 dismissed the election petition filed by the United Democratic Party (UDP) for not fulfilling Rule 11 of the Election Petition Rules under the Elections Act.
Rule 11 is “Time for giving notice”. It states: “Notice of the presentation of a petition and of the nature of the proposed security accompanied by a copy of the petition shall be served by the petitioner on the respondent within five (5) days after the presentation, exclusively of the day of presentation”.
During the proceedings, the legal team representing the first respondent, Adama Barrow, and led by Sheriff Marie Tambedou, urged the court to dismiss the petition for not complying with rules 9 and 11 of the Election Petition Rules.
The five-member panel of judges led by the Chief Justice, Hassan B Jallow, went through the submissions and arguments of counsel for both parties before handing down their verdict.
The panel of judges declared and unanimously dismissed the entire petition with a cost of D100,000 (hundred thousand dalasis) awarded to the first respondent.
Dissatisfied with the outcome of the December 4 presidential election, in which the Independent Election Commission (IEC) declared Adama Barrow as the winner, the UDP on the 14th of December presented a petition to the apex court.