|
Momodou
Denmark
11730 Posts |
 Posted - 12 Jan 2008 : 23:12:48
|
Amendments of Local Government Laws “Constitutional”
By Bubacarr K. Sowe
The recent amendments of the Constitution and the Local Government Act are in accordance with the constitution of the Gambia, the Attorney General- Marie Saine Firdaus, told the Supreme Court on Wednesday, January 9.
She was replying on points of law to the submissions of Ousainou Darboe, counsel for the plaintiffs - The United Democratic Party (UDP), the National Reconciliation Party (NRP) and Momodou Sanneh - minority leader of The National Assembly.
Replying to Mr. Darboe’s submission Mrs. Saine-Firdaus said that contrary to the plaintiffs’ claim of abuse of the process by the National Assembly, the amendments were enacted by the legislature exercising their constitutional powers.
The Attorney General dismissed the citation of case laws which the plaintiffs’ counsel, cited to support his argument against her preliminary objection. Mrs. Saine-Firdaus said that those case laws are court of appeal decisions which are not binding on the Supreme Court. On Mr. Darboe’s citation of provisions of the Elections Decree, she urged the court to disregard the submission of her opponent.
The SOS maintained that the plaintiffs lack the locus standi (the right) to take the matter to court and the court too lacks the original jurisdiction to hear electoral matters.
She argued that the National Assembly is a party to the suit because it makes laws that are being challenged, and should therefore be heard.
Amie Joof-Conteh, the counsel representing the IEC, said the labeling of the IEC by Mr. Darboe as a public authority is incorrect, stressing that it is neither a public nor a private authority. Mrs. Joof-Conteh added that there is no cause of action against the second defendant because the statement of claim contains nothing of such and having it on the writ of summons is not essential since the statement of claim supersedes the writ of summons. The suit is challenging the recent amendments on the constitution and the Local Government Act which the plaintiffs claim is done in excess of the constitutional powers conferred on the National Assembly and the president.
The UDP, NRP and the Minority Leader (the plaintiffs) are asking the court to declare the amendment null and void which gives the President the power to remove elected local government councilors.
These amendments also disenfranchise the electorates outside the Banjul and Kanifing Municipalities the right to elect their Local Government Chairpersons.
The plaintiffs are at the same time seeking an injunction restraining the IEC from holding the January 24 Local Government Elections under the disputed legislations. Hearing on the substantive issues of the suit has to wait for the outcome of the ruling on the papers filed by the Attorney General objecting to the hearing of the suit. This verdict of the court will be delivered on Monday, January 14 by the Chief Justice, Abdou Kareem Savage.
Source: Foroyaa Newspaper Burning Issue
Issue No. 005/2008, 11 – 12 January 2008
|
A clear conscience fears no accusation - proverb from Sierra Leone |
|
Topic Locked
