The Supreme Court, presided over by Justice Jones Dotse and four other judges, yesterday turned down a motion filed by the two main opposition parties and the minority leader of the National Assembly.

The three plaintiffs - United Democratic Party (UDP), National Reconciliation Party (NRP) and Momomdou K Sanneh, minority leader and NAM for Kiang West Constituency - were battling it out at the Supreme Court over a ruling on the amendment to the Local Government Act.

The lawyer of the trio filed a motion at the country’s highest court, seeking a review of the ruling by the Chief Justice Abdou Karim Savage, who had earlier ruled in favour of the defendants (including the IEC) that the suit filed by the plaintiffs was incompetent.

In Tuesday’s verdict, delivered by the lead judge, Justice Dotse, the court confirmed that it has looked into the submissions by both the defence counsel, Emmanuel Fagbenle, who is the director of Public Prosecution, and Lawyer Ousainou Darboe, counsel for the plaintiffs.

Justice Dotse said the panel has upheld the preliminary objection of the defence counsel, after a thorough reading and examination of the submissions by both parties.

He described the suit as incompetent and then proceeded to dismiss it accordingly.

The learned judge relied on Section 8 (2) of the Supreme Court Act 1990, which according to him, requires that an “application for a review can only be heard by a Supreme Court constituted by nothing less than seven judges”.

However, the judge pointed out that the plaintiffs’ suit lacks competence as their application indicates that the matter should be heard by a panel of five judges.

He added that it is the duty of the court to ensure that the plaintiffs have an opportunity to be heard by a properly constituted court.

“The court gives you the opportunity to file in a fresh application before a seven-man panel of the Supreme Court within 14 days”, Justice Dotse concluded.

The ruling APRC party has won the two main mayoral seats and ploughed ahead to scoop 101 councilor seats in a crushing victory in the country’s local government elections.

The redoubtable Samba Faal defeated Femi Peters after pulling 4,640 votes with the UDP sponsored candidate trailing behind with 1,067 votes. Mr Faal was duly declared the elected mayor of Banjul by the chairman of the Independent Electoral Commission (IEC), Alhaji Mustapha Carayol.

In the Kanifing Municipality, APRC’s Yankuba Colley, emerged triumphant with a shocking landslide victory over Mamadou A Danso of the UDP, which is the main opposition party in the country’s political arena. Mr Colley knocked Mr Danso down with 19, 073 votes. Danso could only manage to get 8, 412 votes from the electorate of the country’s most populous municipality.

In the councilors’ elections, the independent candidates performed better than even the opposition parties, claiming 8 seats.  UDP won three seats, with NADD and NRP each winning 1 seat.

The outcome of the results has sparked speculations about the substance of the opposition parties in the country’s political lanscape. The failure of the opposition to win the hearts and minds of the electorate raises vital questions about their political efficacy.

Samba Faal speaks

The victorious APRC mayoral candidate for Banjul, Samba Faal, has reassured the people of Banjul of his continued determination and dedication to the cause of Banjul in making it the cleanest city in Africa.

In an exclusive interview with the Daily Observer, minutes after being declared winners of the mayoral race in Banjul, Mayor Samba Faal said having been given the mandate to serve Banjulians once more, he will deliver to the max.

On his development plans for Banjul, Mayor Samba Faal said environmental sanitation in Banjul is his topmost.

On infrastructure development, he pointed out the need for good roads and a proper water drainage system among other things, which will help boost the image of the city greatly. He added that plans will be laid to get involved in other social programs to achieve the MDGs within Banjul.

According to him, an election is like a social contract between the electorate and the candidate. "The electorate have done their quota. It is now our turn to make sure that we fulfil our part and not let the electorate down," he said.

Samba Faal then went on: "An election is an event but governance is a process and the process is continuous. I call on the people of Banjul to come together and work towards making Banjul a better place for everybody."

He further added that his council will go all out to complete the projects of the interim committee. In his message to the youths, Mr Faal reiterated that the future of Banjul lies in the hands of the youths and they have to play a major role, because the developments and everything are for them and for posterity.

According to him, everybody is part of the quest for Banjul’s development. "Forward with Banjul" he concluded.

The Supreme Court of The Gambia on Wednesday dismissed the suit filed by UDP, NRP and Momodou K. Sanneh as plaintiffs against the Attorney General (AG) and the Independent Electoral Commission (IEC).

The plaintiffs filed the suit at the Supreme Court contesting the recent Local Government Amendment Act 2007 which empowered the President to dissolve or remove elected councilors and also sanctioned the non election of area council chairmen through universal adult suffrage. The Amendment bill was passed by the National Assembly.

In delivering his ruling on the preliminary objection raised by the defendants, the Chief Justice (CJ), Abdou Kareem Savage, stated that on 17th December 2007, the plaintiffs instituted a suit before the Supreme Court on the Local Government Amendment Act 2007. He added that the plaintiffs on the same day filed a motion seeking an injunction of the IEC to prevent the electoral body from holding or conducting the Local Government Elections slated for January 24th 2008.

Chief Justice Savage further pointed out that the defendants filed a preliminary objection on the grounds that the suit was not properly constituted and was incompetent, adding that the defendant also contended that the suit was an abuse of the court process.

Reflecting on the defence’s argument, the Chief Justice said that the defendants in their preliminary objection argued that the Supreme Court lacked jurisdiction to entertain the matter and that it had no original jurisdiction to delay the election.

He noted that the preliminary objection was raised to challenge the suit, countering that it could be raised at any stage of the proceedings. The CJ said that the plaintiff lacked the capacity to institute the suit by reason of the fact that they are members of NADD as stated by the defendants in their argument.

He added that the defendants had not produced any papers to convince the court that they are no longer members of NADD, inferring that the plaintiffs are non-existent and therefore could not institute a suit.

He said the 2005 Supreme Court decision that nobody could belong to two political parties is binding, explaining that the plaintiffs signed the papers as members of NADD. The Chief Justice finally dismissed the case on the supposed grounds that it was incompetent and not properly constituted. The Supreme Court also awarded costs of D20, 000 to the second defendant, IEC, payable to the body by the plaintiffs.

The case involving United Democratic Party (UDP), National Reconciliation Party (NRP) and the Minority Leader in the National Assembly, Momodou K. Sanneh as plaintiffs on the one hand and the Attorney-General and the Independent Electoral Commission (IEC) as defendants on the other will be before the Supreme Court today.

The three plaintiffs are contesting the recent amendments to the Local Government Act by the National Assembly.

In a letter dated 1st October 2007, the plaintiffs said that the 2nd defendant informed the 1st and 2nd plaintiffs that it was formally informing them that local government elections would be held on 24th January 2008. It added that at the time that the 2nd defendant wrote the aforementioned letter Mayors of municipal councils and chairmen of area council were elected on universal adult suffrage. It is apparently against this background that the three plaintiffs filed a suit seeking declaration that the bill entitled The Constitution of the Republic of The Gambia 1997 (Amendment) Act passed by the National Assembly on 6th September 2007 and assented to by the President on 1st October 2007, runs contrary to the spirit and intent of section 193(1) of the constitution of the Republic of The Gambia and therefore void and of no effect. The three plaintiffs further seek a declaration that the bill entitled the Local Government (Amendment) Act 2007 passed by the National Assembly on 31st October 2007 and assented to by the President on 19th November 2007 was made in excess of the powers conferred on the National Assembly and the President. The suit added a declaration that the Local Government (Amendment) Act 2007 (Act N0 13 of 2007) is null, void and of no effect.

The plaintiffs also seek an injunction restraining the 2nd defendant from holding on or conducting election for municipal and local government authorities scheduled for 24th January 2008 under the Local Government Act as amended and the constitution of the Republic of The Gambia as amended.

The case involving United Democratic Party (UDP), National Reconciliation Party (NRP) and the Minority Leader in the National Assembly, Momodou K. Sanneh as plaintiffs on the one hand and the Attorney-General and the Independent Electoral Commission (IEC) as defendants on the other will be before the Supreme Court today.

The three plaintiffs are contesting the recent amendments to the Local Government Act by the National Assembly.

In a letter dated 1st October 2007, the plaintiffs said that the 2nd defendant informed the 1st and 2nd plaintiffs that it was formally informing them that local government elections would be held on 24th January 2008. It added that at the time that the 2nd defendant wrote the aforementioned letter Mayors of municipal councils and chairmen of area council were elected on universal adult suffrage. It is apparently against this background that the three plaintiffs filed a suit seeking declaration that the bill entitled The Constitution of the Republic of The Gambia 1997 (Amendment) Act passed by the National Assembly on 6th September 2007 and assented to by the President on 1st October 2007, runs contrary to the spirit and intent of section 193(1) of the constitution of the Republic of The Gambia and therefore void and of no effect. The three plaintiffs further seek a declaration that the bill entitled the Local Government (Amendment) Act 2007 passed by the National Assembly on 31st October 2007 and assented to by the President on 19th November 2007 was made in excess of the powers conferred on the National Assembly and the President. The suit added a declaration that the Local Government (Amendment) Act 2007 (Act N0 13 of 2007) is null, void and of no effect.

The plaintiffs also seek an injunction restraining the 2nd defendant from holding on or conducting election for municipal and local government authorities scheduled for 24th January 2008 under the Local Government Act as amended and the constitution of the Republic of The Gambia as amended.

The ongoing criminal case against UDP Campaign Manager for Serrekunda Central, Lamin Cham, who was alleged for obstructing an IEC Presiding Officer in last year’s National Assembly elections on Tuesday 30, 2007 suffered another set back.

On the last adjourned date, the defendant (Lamin) and his Counsel were not present in the court. Consequently, the case could not continue.  

Similarly on Tuesday, the case could not proceed and was re-scheduled for 26 November as the Presiding Magistrate Buba Jawo was not in court.

According to the particulars of the offence, Mr Cham obstructed one Baboucarr Jabbie, an IEC Presiding Officer for Bundung Borehole Polling Station (33) during last year’s National Assembly Elections.

On count two, Lamin Cham was charged for acting in a manner that breached the peace of the place on the election day.

The Independent Electoral Commission (IEC), in collaboration with the United Nations Development Programme (UNDP) yesterday began a two-day consultative workshop on the theme, ‘strengthening the electoral process in The Gambia’.

The objectives of the workshop aim to reflect and come out with resolutions to further streamline and strengthen the electoral process and its various procedures; discuss strategies for enhancing the capacities of the IEC; examine the current approach for the compilation and revision of the voters register and make appropriate recommendations for its updates or   replacement.“It can be said without contradiction the Commission has performed incredibly well over the years.   In 2001, most international observer groups gave credit to the people of The Gambia and the IEC for the smooth and peaceful conduct of the Presidential elections.”

According to Mustapha Carayol, Chairman of the Independent Electoral Commission, his office has conducted a series of elections since its inception in 1997; and has never been a forum where all the major stakeholders and partners came together to deliberate on the programmes of the Commission, with a particular attention on the electoral process of The Gambia.  

As a result, he added, today’s forum deserves to be an avenue for all the stakeholders and partners in our electoral process to speak with one word. The IEC’s Chairman posited that since the inception of the Commission in 1997, they have actively taken up their responsibility to create a political level playing field, where all Gambians can exercise their civic rights and responsibilities.

Chairman Carayol added that the Commission also needs more infrastructural and logistical support for its operation, adding that these are essential in developing human capacities.

In a statement delivered on behalf of the Officer-in-Charge of the UNDP, Vitalie Muntean, UNDP Deputy Resident Representative commended the IEC for initiating such an educative fora, thus demonstrating its commitment towards consolidating democratic process in The Gambia.  

Mr Muntean told the gathering that UNDP is highly interested in the outcome of regional consultation, because it is consistent with the UNDP’s universally acknowledged role of supporting national electoral systems and processes.

He, however, assured the participants of the UNDP’s strong commitment to helping The Gambia in its efforts to have a strong independent IEC, so as to be able to have a credible and transparent electoral system.

For her part, Hon Fatoumatta Jahumpa-Ceesay, Speaker of the National Assembly, said the electoral process in The Gambia have undergone qualitative improvement.

  She pointed out that “the main disgusting feature of this qualitative leap, is the establishment of an Independent Electoral Commission.   “Many of you are aware that in many of the so-called developed countries, there exist no Independent Electoral Commission,” she concluded.

Other speakers at the occasion included Robert Anthony Secka IEC, Joseph Colley, IEC’s   Director of Communication, and Samboujang Njie. The ceremony was chaired by Sarah Grey-Johnson.

In attendance were a few Secretaries of State and members of the diplomatic missions.