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Momodou
Denmark
11735 Posts |
 Posted - 18 Jan 2008 : 20:50:05
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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.
Source: Foroyaa Newspaper Burning Issues
Issue No. 007/2008, 17 January 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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