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Momodou
Denmark
11730 Posts |
 Posted - 12 Jan 2008 : 23:21:51
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Constitutional Amendment Discriminatory - Ousainou Darboe
By Bubacarr K. Sowe
Ousainou Darboe, the lawyer representing the United Democratic Party, the National Reconciliation Party and Momodou Sanneh in the ongoing civil suit against the Independent Electoral Commission and the Attorney General, has told the Supreme Court, on Friday, that the recent amendments in the Constitution of the Republic of the Gambia and the Local Government Act are discriminatory legislations.
Mr. Darboe was speaking against the preliminary objections filed by the Attorney General, Marie Saine Firdaus. The plaintiffs are challenging the recent amendments in the constitution and the Local Government Act which disqualifies the election of local councils’ chairpersons by universal adult suffrage.
The amendments also give power to the president to fire elected councilors. Mr. Darboe said the law giving the president power to remove elected councilors and mayors is made in excess of the power conferred on the National Assembly and the President.
Mr. Darboe told the Supreme Court that the suit is not an attack on the procedures of the National Assembly as claimed by the defendant, stressing that no one would doubt that such a constitutional issue has never been raised in this jurisdiction.
Lawyer Darboe said that a political party cannot be a member of a political party, noting that it is individuals who can be members of a party. He added that the resignations of Hamat Bah and Ousainou Darboe from the National Alliance for Democracy and Development (NADD) do not mean that the NRP and UDP are members of NADD.
Mr. Darboe said it is a well known fact that both the NRP and UDP are registered political parties that had contested the 2006 Presidential and 2007 National Assembly Elections.
He argued that NADD is a separate entity from UDP and NRP and the third plaintiff is a UDP member who is the minority leader of the National Assembly.
He countered the first defendant’s notion that the plaintiffs do not have the locus standi (the right) to bring the suit to court, arguing that they are bonafide operating political parties.
On the claim that the suit is an abuse of court process, Darboe said what is even frustrating is the Attorney General’s preliminary objection.
Hearing continues today at the Supreme Court before Chief Justice Abdou Karim Savage.
Source: Foroyaa Newspaper Burning Issue
Issue No. 003/2008, 7 – 8 January 2008
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