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kayjatta
2978 Posts |
 Posted - 21 Jan 2008 : 06:27:21
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| The IEC I believe is an administrative agency. They are technically part of the executive branch. However, the IEC like others of its type supposed to be autonomous, independent agencies shielded from the influence of politicians... |
Edited by - kayjatta on 21 Jan 2008 06:51:58 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 21 Jan 2008 : 23:15:24
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karamba, I think we need to also understand that this is not a decision of the full bench of the Supreme Court. Normally five judges would preside but because this was an interculatory proceeding that was to preceed the full hearing, the chief Justice is allowed under the constitution to sit alone. So, let us not write-off the credibility of the Gambian judiciary entirely yet. Although this ruling is a big sham especially the fact that it came from the chief justice,I am still reluctant to accept that position despite the signs because it is a potential reciept for chaos. What the UDP can do now is to appeal against the decision and insist that the chief Justice excuse himself from the proceedings as he cannot preside both at first instance and on appeal. What will then happen is that five law lords will be selected likely from within the commonwealth to preside. That way, not only the true spirit of the law will preveil but also Jammeh will be exposed further more.
I will see if can come up with comprehensive analysis in the near future.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 21 Jan 2008 23:28:48 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 21 Jan 2008 : 23:25:03
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Darboe said UDP will not pay cost and that there will be an appeal launched. See. Foroyaa below.
Supreme Court Dismisses UDP/NRP Suit
By Bubacarr K. Sowe
The Supreme Court of The Gambia yesterday dismissed the suit filed by the United Democratic Party (UDP), the National Reconciliation Party (NRP) and the Minority Leader, which urged the court to declare amendments to the Constitution and the Local Government Act null and void and to prevent the Independent Electoral Commission
(IEC) from proceeding with the forthcoming council elections.
The dismissal of the suit was pronounced while the Chief Justice, Abdou Kareem Savage, sitting as a single judge, was making his ruling on a preliminary objection filed by the Attorney General, Marie Saine-Firdaus. In her preliminary objection the Attorney General urged the court not to bother to consider the merits of the case but to dismiss it, because, among other things, the suit is not properly constituted. The Chief Justice concurred and the whole suit was dismissed because it was not properly constituted.
The Judge held that in this suit, the UDP and NRP are not legally existing entities because they are still part of NADD, pointing out that only Messrs Hamat Bah and Ousainou Darboe have pulled out of NADD, not UDP and NRP.
Chief Justice Savage said he relied on a Supreme Court judgment of 2005 where the seats of Halifa Sallah and other National Assembly Members were declared vacant after ‘they joined a new political party, NADD’.
Apart from the improper constitution of the suit, the first defendant, the Attorney General, also alleged ‘abuse of the court process’ because the relief sought by the plaintiffs are not legally available. The Attorney General also wanted the case dismissed because the court has no authority to hear it nor do the plaintiffs (UDP, NRP and the Minority Leader) have the right to file the case.
The Chief Justice however did not consider these issues but based his ruling only on the “improper constituent of the suit”.
Ousainou Darboe, who was representing the UDP, NRP and the Minority Leader, said at the end of the ruling that they will pursue the matter to the full bench of the Supreme Court, since Justice Savage’s ruling is that of a single judge.
Amie Joof-Conteh, counsel for the IEC, asked for costs, but Mr. Darboe questioned who will pay the cost if the plaintiffs have been declared as in-existent entities.
Reacting to the ruling, Hamat Bah, the NRP Leader said they will take up the matter with the full bench of the Supreme Court for a review.
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I do not oppose unity but I oppose dumb union. |
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Janko
Gambia
1267 Posts |
Posted - 21 Jan 2008 : 23:39:43
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Nyarikangbanna
Thanks
This is not my field I need all help I can get to grasp it.
As you can see, I have more questions than answers, trying to understand who is who and why, in this case.
The reason of my question: “Is the IEC part of the Executive or the Judicial power?” is because I want to understand why the IEC represents the State/ or is a defendant in such a case.
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Clean your house before pointing a finger ... Never be moved by delirious Well-wishers in their ecstasy |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 22 Jan 2008 : 00:40:12
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quote:
Originally posted by Janko
Nyarikangbanna
Thanks
This is not my field I need all help I can get to grasp it.
As you can see, I have more questions than answers, trying to understand who is who and why, in this case.
The reason of my question: “Is the IEC part of the Executive or the Judicial power?” is because I want to understand why the IEC represents the State/ or is a defendant in such a case.
Janko, thanks for your question. The IEC is neither part of the executive nor the judiciary. It is an independant body. However, because it was created under the virtues of a constitutional provision and funded by the taxpayer, it is an emanation of the state and therefore susceptible to the full scrutuny of the courts through its powers of judicial review, which in this case, resides on the supreme court. The IEC had not represented the state, it was there as a defendant in its own independant capacity. It was the Attorney-General who represented the state. Normally, when a state is sued, it is the name of the Attorney-General that would appear on the summons. He/she can decide whether to appear in person or delegate a state lawyer from the Attorney-General's Chambers. The reason why the UDP had to dragged IEC too to court is because the latter was purportedly exercising its public law functions on the basis of a legislation whose legality is questionable. So, what the UDP was saying is this,'' hold on a bit until when the legality of the legislation is clear and settled''. This itself does not make a boycott necessary as some distortionist would want us to believe. Even if the supreme court ruled in favour of the UDP, as against the IEC, campaign will still continue but the election date would have to change pending the outcome of the main hearing. As Against the Attorney-General, elections would still take place but on the basis of the old legislation that allows all mayors and chairmen to be elected on the basis of universal adult suffrage. That would have meant that not only the mayors of Banjul and KMC would be elected directly by electorates but also the chairmen of Kerewan Area Council, Brikama Area Council, Mansakonko Area Council, Kaur Area Council, Janjanbureh Area and Basse Area Council. Under the new legislation, all these rural area councils would have chairmen imposed on people by which ever party have more councillors in the respective jurisdictions. The UDP says this contravenes Section 197 of the constitution and therefore void, hence there reason of going to court.
I hope this helps.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 22 Jan 2008 00:44:34 |
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Santanfara
3460 Posts |
Posted - 26 Jan 2008 : 12:11:19
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| what me, karamba and brikama argue came to fruition. the oppossition cannot possibly score any result with the current playing field. whoever make believe that the law will change things, well,what happened with this local mumbo jumbo electrictions? |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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