By: Staff Reporter
Barely three weeks after the Supreme Court dismissed the election petition filed by the Opposition United Democratic Party {UDP} challenging the December 4th presidential election, the party on Monday filed a motion seeking the leave of the Supreme Court to make an application for the review of its ruling dated 28th December 2021.
On 28th December 2021, a five-panel member of judges led by the Chief Justice Hassan B Jallow dismissed the election petition for non-compliance with the rule of the Election Act.
Outlining the basis of the application, the legal the team representing the party contended that the application is made pursuant to provisions of Section 8 of the Supreme Court Act Cap 6:05 and Rule 54(c) and (d) of the Supreme Court (Amendment) Rules, 2015. Rule 54(1) provides as follows: “The Court may review any decision made or given by it on any of the following grounds:
(a) Exceptional circumstances which have resulted in a miscarriage of justice, (b) and Discovery of new and important matter or evidence which after the exercise of due diligence was not within the Applicant’s knowledge or could not be produced by him at the time when the decision was given,(c)
Also in addition to paragraphs (a) and (b) above, all applications for review shall be subject to the leave of the court first had and obtained;(d) The application for leave shall be made ex parte not later than 15 days of the decision sought to be reviewed.”
