By Adama Makasuba
The lawyers for President-elect Adama Barrow and his National People’s Party have filed a motion before the Supreme Court seeking dismissal of the United Democratic Party election petition law suit against their client.
The consortium of lawyers for the President-elect included Lawyer Sherriff Marie Tambadou, Christopher E. Mene, I. Richards and Paulin Bakurim.
The motion filed on 26th December, 2021 seeks dismissal or striking out of the UDP petition case brought against President Adama Barrow contrary to the provisions of the constitution on the ground that the President has constitutional immunity from suit granted to him as President of the Republic by section 69 of the Constitution.
According to the motion, section 69 provides that no civil and criminal proceedings shall be instituted or continued against the President while he holds or performs the function of the Office of the President in respect of anything done or omitted to be done by him or her whether in an official or private capacity.
Chief Justice Hassan B. Jallow set aside Tuesday, 21 December 2021 for the hearing of the motion. He gave IEC and UDP two clear days to respond to the motion.
United Democratic Party (UDP) filed an election petition case against President Adama Barrow and the Independent Electoral Commission (IEC). The case was first mentioned on Friday, 17th December, 2021 before the Supreme Court of The Gambia.
The panelists of the court were Justices Hassan B. Jallow (Chief Justice), Cherno Sulayman Jallow, M.M. Sey, Awa Bah and Edrissa Fafa Mbye.
Lawyers Bory S. Touray, Abdul Aziz Bensouda and Lamin L. Darboe represented the UDP. UDP representatives were absent in the suit.
Lawyers Kebba Sanyang and Malick H.B. Jallow represented IEC, Sulayman Joof, the Director of Administration at the IEC represented the electoral body.
Lawyer Bory S. Touray informed the court that they have filed a motion ex-parte on Friday morning. “It is not with us,” Chief Justice Jallow said.
Lawyer Touray acknowledged receipt of the motion by the lawyers for President Adama Barrow.
Lawyer K. Sanyang informed The court that he intends to raise preliminary objection as to why the name of IEC is added in the suit. Lawyer Sheriff M. Tambadou informed the court that they were served with the amended petition by UDP together with the Court Order obtained ex-parte.
“We wish to advise ourselves on the ex-parte order,” Tambadou said. Lawyer Tambadou pointed out that Rule 22 of the elections petition rules provides that all application in petition “must” be on notice, particularly on amendments. “We need to take the necessary steps,” Tambadou said.
Chief Justice Jallow gave the lawyers for both IEC and President Barrow to file their respond to the petition on or before the 22 of December 2021.
He said the motion will be first heard and determined since it is touching on the jurisdiction of the court to hear and try the case. He said Tuesday, 21 of December is set aside to hear the motion seeking to strike out the case.
Justice Jallow took time to urge the parties in the suit to work towards the expeditious hearing and determination of the suit. He added that the matter is of public interest.
Lawyer Tambadou suggested for the arguments for both the motion and petition to be taken together, but Chief Justice Jallow turned it down.
The Chief Justice invited all parties in the case to the chambers on Monday (today), 20th December, 2021 for “Status Conference” to set timeline for the expeditious hearing of the case.
