By: Isatou Sarr
The High Court in Banjul has joined disputed leader Ousman Madikay Faal to an ongoing suit between the People’s Progressive Party (PPP) and the Independent Electoral Commission (IEC), further delaying a ruling on an injunction seeking to freeze the party’s current leadership structure.
Justice Sonia of the High Court Annex granted an application by Counsel Segga Gaye for Mr. Faal to be joined as an interested party in the matter challenging his recognition by the IEC.
Counsel Adama Sillah, representing the faction led by Kebba E. Jallow, did not object to the application, stating that all interested parties could join the proceedings. The joinder effectively turns the case into a three-party dispute involving the Jallow-led faction, the IEC and Mr. Faal.
The plaintiffs are seeking an injunction to restrain the recognition or swearing-in of Mr. Faal as Secretary General, pending the determination of the main suit.
According to court filings, the dispute stems from the PPP’s elective congress held on Dec. 21, 2024, at which a revised party constitution was reportedly adopted. The plaintiffs contend that the new constitution introduced a mandatory requirement for candidates to sign a declaration undertaking not to challenge election results in court.
They allege that Mr. Faal and other candidates failed to sign the required declaration and were subsequently disqualified by the party’s internal electoral commission in January 2025. The plaintiffs argue that any official recognition of Mr. Faal would breach the party’s constitutional provisions and undermine its internal dispute resolution mechanisms.
An affidavit sworn by Mariama Bah, a legal assistant at Mari Bantang Chambers, states that the internal electoral body issued a verdict on Jan. 28, 2025, disqualifying candidates who “wilfully refused” to sign the undertaking and affirming only those deemed compliant.
The plaintiffs further allege that while mediation efforts were ongoing, including attempts facilitated by the Inter-Party Committee (IPC) and Hon. Halifa Sallah, the IEC proceeded to recognise Mr. Faal as party leader. They argue that the commission’s action was inconsistent and premature.
In his counter-motion, Mr. Faal maintained that he was duly elected Secretary General and Party Leader at what he described as a transparent congress held in Banjul. He asserted that vote counts were confirmed without dispute and that his opponent, Mr. Jallow, initially acknowledged defeat before later challenging the results.
Mr. Faal also challenges the legal basis of the plaintiffs’ claim, arguing that the constitutional provision cited in the disqualification petition does not exist in the current PPP constitution. Counsel Gaye submitted that the proposed amendment requiring the declaration form failed to secure the required two-thirds majority at the congress.
Mr. Faal further states that both the PPP Board of Trustees and the IEC have formally recognized his leadership, including written confirmation from the commission dated March 27, 2025.
He contended that the lawsuit was initiated without the mandate or authorization of the party’s legitimate leadership and that his participation in the proceedings was necessary to protect the interests of the party and its delegates.
Following his joinder, Counsel K. Sanyang for the IEC submitted that the plaintiffs must amend their processes and serve Mr. Faal with all relevant court documents. Justice Sonia directed Counsel Sillah to file the necessary briefs within 14 days.
The case was adjourned to April 27, 2026, at 12:30 p.m., for confirmation of service on the newly joined interested party and for further proceedings on the injunction application.