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Momodou
Denmark
11634 Posts |
 Posted - 21 Jan 2008 : 19:52:52
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Foroyaa Editorial
IEC RESPONDS AND FOROYAA CLARIFIES AND RECOMMENDS
IEC’s Response
The Commission has read Foroyaa of 18th to 20th January 2008, ISSN: 0796-08573, on the above mentioned caption and wish to put the records straight.
The IEC over the years has been conducting elections within the dictates of the electoral laws of the Gambia.
It is quite evident that from the close of nomination to Election Day is less than twenty days, therefore how can this provision (section 51 subsection 1 of the Elections Decree) come into play as far as the Local Government Elections are concerned?
Section 127 subsections (1) and (2) state that: (1) “where any issue arises relating to electoral matters which is not addressed by this Decree or any other law, the Commission shall resolve such issue in keeping with the standards and rules of natural justice and fairness.”
(2) “A decision of the Commission with respect to an issue arising under subsection (1) shall be final and shall not be called into question in any court of law.”
Therefore, the answer posed by the editorial of Foroyaa is an emphatic yes because the IEC took this decision in the interest of natural justice and fairness.
Signed:
Alhaji Mustapha L. Carayol
Chairman
FOROYAA CLARIFIES AND RECOMMENDS
Foroyaa appreciates the prompt reply by the IEC to defend its integrity. Section 127 of the Elections Decree provides the IEC with the legal text to justify its action. Foroyaa did not want to assume that the IEC relied on such a text to allow the APRC to replace its candidate outside the period stipulated for withdrawal because of the fact that the IEC did not rely on the same provision to allow the NRP to replace the candidate who became disqualified after the nomination period. Where then lies the spirit of natural justice and fairness. These two principles call for equity and not one sided application. There is no law which says what should be done when a candidate of a party is disqualified after nomination. Hence the IEC could have equally relied on section 127 to allow the party to file another candidate to ensure that there is multi party contest.
We would therefore like to observe that good laws should stipulate all that is Essential to ensure consistency and predictability in their implementation, instead of leaving such decisions to be based on administrative discretion. We therefore recommend the amendment of the Election Decree to bring it into conformity with the Constitution and democratic norms. First and foremost, no law can be valid which calls for action to be beyond the court to review. This is clearly stipulated under section 5 of the Constitution which among other things reads:
“A person who alleges that any Act of the National Assembly or anything done Under the authority of an Act of the National Assembly is inconsistent with; or is In contravention of this Constitution, may bring an action in a court of competent jurisdiction for a declaration to that effect.”
Hence if the application of section 127 of the Elections Decree is deemed to be inconsistent and discriminatory the aggrieved parties can seek a declaration to that effect from the courts.
Finally, we are of the view that the election law should be amended to ensure that whenever a party candidate withdraws or is disqualified prior to the seventh day before the holding of elections the party shall have the right to effect a replacement.
After this date, elections should take place anyway and it will be left to the candidate to vacate his or her seat if elected and cause a by-election to be held.
This will bar candidates from being induced or intimidated to withdraw at the 11th hour.
Source: Foroyaa Newspaper Burning Issues
Issue No. 009/2008, 21 – 22 January 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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