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Momodou
Denmark
11634 Posts |
 Posted - 13 Dec 2021 : 16:35:03
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Gambia opposition files legal challenge to election result
Reuters: December 13, 2021
By Pap Saine
BANJUL, Dec 13 (Reuters) - The runner-up in Gambia's election, Ousainou Darboe, has launched a legal challenge to President Adama Barrow's victory, his party said on Monday
Barrow won the Dec. 4 poll with 53% of the vote, well ahead of Darboe who got about 28%. The election was the first in 27 years without despotic former president Yahya Jammeh and was seen as a test of the tiny West African nation's fragile democracy.
The day after the poll, Darboe and two other candidates said they did not accept the results because the vote count took longer than expected, and because of alleged problems at polling stations.
They have yet to provide any evidence of wrongdoing.
"After our executive meeting on Friday with our lawyers we have decided to file a petition today at the Supreme Court," Almamy Taal, spokesman for Darboe's United Democratic party (UDP), told the press.
Taal did not set out the grounds of the complaint...
read more at: https://www.reuters.com/world/africa/gambia-opposition-files-legal-challenge-election-result-2021-12-13
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A clear conscience fears no accusation - proverb from Sierra Leone |
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kiwi
Sweden
661 Posts |
Posted - 13 Dec 2021 : 16:58:55
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| Were there no international observers monitoring the election? |
kiwi |
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Momodou
Denmark
11634 Posts |
Posted - 14 Dec 2021 : 10:54:05
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EUROPEAN UNION ELECTION OBSERVATION MISSION - The Gambia
Presidential Election 04 DECEMBER 2021
Press Release
Wide voter participation and citizen group engagement mark democratic headway, although fundamental legal reform remains a key concern
Banjul 06 December 2021 – On 4 December Gambian citizens showed their strong desire to be part of the democratic process by participating in the presidential election in great numbers. This built on the commitment of civil society throughout the election period to strengthening democratic headway. “EU EOM observers noted positively the transparency of the voting and counting process on election day. This was in contrast, however, to the opaque approach of the IEC at central level during the pre- election period,” stated Norbert Neuser, the Chief Observer of the European Union Election Observation Mission (EU EOM) and Member of the European Parliament.
On election day, EU observers reported from over 128 polling stations in rural and urban areas in all 7 administrative areas. The election day was found to be peaceful. While polling officials carried out the process professionally, some procedural gaps were noted during the voting and counting, which if not addressed could provide the possibility for misuse in future. The tabulation was accessible, and results were announced progressively by constituency, which promoted transparency, although disaggregated polling station results were not published.
Mr. Neuser stated that “The public standing of the IEC, which has been held in high esteem by stakeholders since the 2016 election, unfortunately has been diminished. During the candidate nomination process, the IEC accepted only 6 of 21 candidacies and did not allow for meaningful scrutiny”. The court ruled that the IEC had acted unlawfully on the exclusion of an aspirant.
The campaign environment was competitive and vibrant, and freedoms were largely respected. The EU EOM observed an advantage for the incumbent and, generally, a more uneven playing field for candidates. Weakness of campaign finance regulations led to the monetisation of the campaign.
While the ability to voice opinions openly has improved, the legal framework for the media continues to severely restrict freedom of expression. Disinformation on social media confused voters and defamatory rhetoric shrank the space for a fact-based debate.
The Chief Observer concluded by noting that “structural deficiencies and critical procedural and legal gaps require fundamental reform. The EU EOM will return to The Gambia to publish and present its final report including recommendations to contribute to improving upcoming elections.”
Note to Editors:
The European Union (EU) was invited to deploy an observation mission by the Independent Electoral Commission (IEC) of The Gambia. The EU Election Observation Mission (EU EOM) is independent from any EU institutions or Member States or government institutions and is committed to remaining neutral and abiding by the Declaration of Principles for International Election Observation and the Code of Conduct, as well as the laws of The Gambia.
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For media enquiries, please contact:
René SCHULTHOFF (English) Mobile +220 255 7120 email: rene.schulthoff@eomgambia2021.eu
EU EOM HQ LOCATION
Atlantic Apartment, Bakau, Cape Point, Banjul, The Gambia
www.eomgambia2021.eu – info@eomgambia2021.eu – fb: @EUEOMGambia2021 tw: @EUEOMGambia2021
for immediate release
ECOWAS leaders hail Gambia for peaceful election
The Point: Dec 13, 2021
https://thepoint.gm/africa/gambia/headlines/ecowas-leaders-hail-gambia-for-peaceful-election
State House, Banjul, 12th December 2021: ECOWAS leaders have congratulated President Adama Barrow for his election for a second term, commending him and the Gambian people for the peaceful, free and fair conduct of the election. They spoke on Sunday during the opening ceremony of the 60th Ordinary Session of the ECOWAS Heads of State and Government Summit in Abuja, Nigeria.
H.E. Jean-Claude Kassi Brou, President of the ECOWAS Commission, hailed the growth of democracy in The Gambia for the successful and orderly conduct of the election. He cited The Gambia as a model for the orderly and peaceful conduct of elections in the sub-region.
Nigerian President and Summit host, H.E Muhammadu Buhari and H.E. Nana Addo Dankwa Akufo-Addo, President of the Republic of Ghana, and Chair of the ECOWAS Authority of Heads of State and Government, also congratulated President Barrow and the Gambian people for a credible election. Also speaking at the ceremony, H.E. Mahamat Saleh Annadif, Special Representative of the UN Secretary-General for West Africa and the Sahel (UNOWAS), hailed the large voter participation and voting method as a model for democracy and peace in the sub-region.
The 60th Ordinary Session of the ECOWAS Heads of State and Government Summit is expected to confirm the Gambian’s Dr Omar Touray for President of the ECOWAS Commission. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 14 Dec 2021 : 14:58:41
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GDC to fend for itself in election dispute
The Standard: DECEMBER 14, 2021
By Tabora Bojang
https://standard.gm/gdc-to-fend-for-itself-in-election-dispute/
While the UDP is set to file its case before the Supreme Court today, the Gambia Democratic Congress GDC which seconded the UDP in rejecting the results of the presidential election has said it will deal with its case separately.
The Independent Electoral Commission declared incumbent Adama Barrow the winner of the December 4th poll last week securing 457, 519 against two major rivals Ousainu Darboe of the UDP who got 238,253, and Mamma Kandeh of the GDC who secured 105,902 votes.
However, the two opposition parties have since rejected the results of the election promising to investigate allegations of irregularities.
As the UDP is set to file its case today, a senior executive member of the GDC told The Standard that “the GDC is not joining UDP in going to the court today [Tuesday]. “We too are mobilising and preparing our own documents and evidence and as soon as we are done with those processes we will let the public know our stance,” our source in the party said. He gave no further details.
GDC confirms evidence of alleged electoral fraud
The Point: Dec 14, 2021
By Momodou Jawo
https://thepoint.gm/africa/gambia/headlines/gdc-confirms-evidence-of-alleged-electoral-fraud
The Gambia Democratic Congress (GDC) has confirmed that the party has gathered some evidence of alleged electoral fraud in the just concluded December 4th Presidential election.
Party Reviewing Evidences
“We are going to have a meeting today by 4p.m., and review the report from our electoral committee which was submitted to us this morning,” said Ahmadou Kah, deputy party leader No2. “We have gathered some evidence and we are going to review them, he told our reporter in a telephone interview.”
Kah further added: “During our meeting, we are going to decide whether to go with the evidence that we have gathered to court or not. But of course we did gather some evidence.”
The GDC No2, however, didn’t further explain what kind of evidence his party’s electoral committee received from its party agents across the country.
The Gambia Democratic Congress (GDC) and the country’s main opposition United Democratic Party (UDP) are contesting this year’s election results announced by the country’s Independent Electoral Commission (IEC), which showed the incumbent President Adama Barrow winning 53.2% of the total vote cast. Both parties are expected to file their petition at the Supreme Court in Banjul for hearings. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 14 Dec 2021 : 15:00:14
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UDP TO PETITION ELECTION RESULTS TODAY
The Standard: DECEMBER 14, 2021
By Omar Bah
https://standard.gm/udp-to-petition-election-results-today/
After a week of waiting and speculations over its intention about the presidential election, the main opposition United Democratic Party has confirmed that it will file a petition against the results at the courts today. This followed the party’s rejection of the December 4 polls which was declared by the electoral commission to have been won by incumbent Adama Barrow who received the highest number of votes between the six candidates who contested the presidency. The UDP’s rejection of the results led to heightened tension with its supporters converging at leader Ousainu Darboe’s residence protesting and seeking updates on the party’s next line of action. Though the party did not share its findings with the media, its supporters alleged, without advancing evidence, that the wide margin of Barrow’s unprecedented turnout in the election looked suspicious.
According to our source, throughout last week, the party’s polling agents and legal team have been busy going over every little detail about the election process in order to determine whether the alleged irregularities are widespread or substantial enough to make a case.
“We can now authoritatively say that we are going to file a case at the courts on Tuesday. We had intended to do it Monday but later decided to do it Tuesday (today),” Almameh Fanding Taal party spokesman told The Standard yesterday. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 15 Dec 2021 : 22:32:16
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UDP FILES ELECTION PETITION
Foroyaa: December 15, 2021
By Yankuba Jallow
https://foroyaa.net/udp-files-election-petition/
The United Democratic Party has on Tuesday, 14th December filed an election petition before the Supreme Court challenging the validity of the 2021 presidential elections results as they accused the Independent Electoral Commission (IEC) of using members of the National People’s Party (NPP) as Presiding Officers at some polling stations.
The yellow party came second in the December 4th polls polling 27% of the total votes casted. The party expressed dissatisfaction of the results even before the Returning Officer for the 2021 presidential elections completed the announcement of the results. The party leader and flagbearer, Lawyer A.N.M Ousainou Darboe said he “rejected” the results promising that they were gathering evidence.
After his self-proclaimed rejection of the results, Darboe’s party has now forwarded their challenge of the results before the Gambia Supreme Court to determine the validity of the polls.
Lawyer Darboe has contested 5 times in presidential elections and lost in all.
The Gambia Constitution, under section 49 provides that “Any registered political party which has participated in the Presidential election or an independent candidate who has participated in such an election may apply to the Supreme Court to determine the validity of the election of a President by filling a petition within ten days of the declaration of the result of the election.”
UDP’s Alagie S. Darboe who signed the petition on behalf of the party said IEC absorbed renowned NPP supporters to supervise the 2021 presidential elections. He said the NPP supporters who were appointed as presiding officers included: Fabakary Ceesay of Jambur, Fansu Sambou of Brikama, Ousman Manneh of Kembujeh, Ramatoulie Bajinka of Brikama, Oumie Hydara of Brikama Wellingara, Ross Bass of Lamin Village, Nyarra Sowe of Sibanor, Lamin K. Jawara of Farato, Malick Jammeh of Kembujeh, L.S.A Jatta of Kembujeh, Lamin M. Manneh of Marakisa, Amadou Sanneh of Brikama, Alassan Bah of Basse, Alfusainey Jarju of Sohm, Alieu Jarjusy of Nyofelleh, Fatou Jammeh of Kuloro and Fabakary Gibba of Ndemban.
UDP said the election was invalid accusing officials of the Independent Electoral Commission of malpractice.
UDP said the officials of the IEC did not permit their agents to be present at the time of sealing the ballot boxes in the morning before the commencement of the polls.
The party also said some voters were denied the opportunity to cast their votes for not wearing face mask. The party argued that there was no previous announcement to that effect that face mask is a requirement.
UDP said the presence of some Alkalolu at some polling stations was condoned by officials of the IEC even though it did not conform to the standards of ethics.
The yellow party said in Basse, Upper River Region, Police Commissioner Ensa Badjie came and ordered the IEC staff to re-open the polling station for those who came late.
The party said voting continued in Sukuta and Farato until 12 midnight side by side with the counting of the results contrary to the IEC announcement.
UDP said some polling stations were congested and the IEC did not provide enough voting booths in some stations, namely: Busumbala Mission School polling station, Old Yundum polling station and also in Sukuta; leading to some voters leaving without casting their votes.
Alagie S. Darboe, the Senior Administrative Secretary to the party signed the petition on behalf of the yellow party.
Darboe said the election was invalid and void as he accused Adama Barrow and some of his NPP of financiers of inducements to the electorates countrywide during the campaign period contrary to section 116 of the Elections Act.
He said, in a bid to induce and influence the Alkalolu and residents of their villages, President Adama Barrow announced that Alkalolu would receive D3000 monthly salary, if he wins.
Also, the lawmaker pleaded that the Minister of Regional Government and Lands, Musa Drammeh, paid one million dalasis or thereabout to the Alkalolu and village development committees of some communities while the President was on campaign.
Darboe maintained that the election was invalid by reason of the involvement of public officers leading to the elections. In support of his argument, Darboe said Chiefs and Governors were involved in campaign for the NPP adding Chiefs were in campaign committee of NPP at each Region across the country.
Darboe said the 2021 election was invalid by reason of hate against the Mandinka and in order to induce fear in the voters against UDP; when it became a campaign slogan of the NPP that if UDP wins, the Fulas, Wollofs, Serers and other ethnic minorities will be expelled from the country.
The party said the 2021 election results were invalid by reason of lack of transparency in the counting and transmission of the results to the IEC headquarters. The party said their agents were given a fax copy of the results of the collation centre results without attaching thereto copies of the polling centre results. The party added the IEC refused to supply them the information of polling station results at the time. The party maintained that the presiding officers failed to record the names and address of all polling agents on the polling station results form as required by section 71 subsection 2 of the Elections Act.
UDP said the polling station results forms were not kept in secured manner such as sealing them in envelopes when they were being transported to the collation centres.
UDP said their agent at the collation centre in Kerewan was denied access to the results of North Bank Region that were presented there. Also, the party said their agent was not given the results after the collation exercise and the IEC officials began jubilation.
UDP said the election was invalid by reason of fraudulent and wrongful insertion of non-Gambians (resident in the Gambia) in the voter list countrywide. The party said they were not aware of this until the appearance of Non-Gambians was reported during and after the election. The party promised to present to the court the names of the Non-Gambians.
UDP wants the Supreme Court to order IEC to produce their database and other relevant materials.
What is UDP looking for?
They want the Supreme Court to determine that the election of President Adama Barrow was invalid by reason of corrupt practices. UDP wants the apex court to hold that President Adama Barrow was not duly elected and his election was otherwise invalid.
UDP also wants the court to determine that the votes casted in favour of President Adama Barrow in all regions as void by reason of his corrupt and illegal practices.
They want the highest court to determine that the election was invalid by reason of non-compliance with the electoral laws, widespread irregularities and improprieties which affected the results in favour of President Adama Barrow.
Finally, the party wants the Supreme Court to determine that the elections was invalid by the non-compliance with the Constitution and all applicable election laws.
UDP confident Supreme Court will nullify Dec. 4 election results
The Point: Dec 15, 2021
By: Momodou Jawo
https://thepoint.gm/africa/gambia/headlines/udp-confident-supreme-court-will-nullify-dec-4-election-results
The opposition United Democratic Party (UDP) yesterday filed a petition at the Supreme Court of The Gambia asking the country’s highest court to nullify the election result of the just concluded December 4th presidential election, citing a series of abnormalities.
President Adama Barrow of the National People’s Party (NPP) is the respondent of the petition.
The December 4th presidential election showed the incumbent President Adama Barrow winning 53.2% of the total votes cast, while UDP which is contesting the election results secured 27% of the total votes cast.
Borry D.S. Touray, the lead lawyer of the UDP in this petition, expressed confidence that the Supreme Court of The Gambia will nullify the presidential election results, claiming that the election was rigged.
Meanwhile, national, domestic and international observers have described the just concluded election as a ‘free, fair and transparent’ election.
Despite the country being credited for conducting ‘free, fair and transparent election’, the UDP lawyer, said: “Free and fair are just relative terms,” further claiming that: “Shakespeare said what is fair is foul and what is foul is fair.”
Quizzed as to why the country’s Independent Electoral Commission (IEC) is not part of the respondent in the petition, he said: “IEC is not part of the petition as of now. However, we are certainly not ok with the way IEC conducted the election,” he posited, while declining to comment further on the issue.
Mr. Touray expressed confidence that the Supreme Court will nullify the IEC results, adding that spot counting can also be rigged
In their petition sent to the Supreme Court, the UDP, states the election is invalid by corrupt practises during the campaign period set by the Independent Electoral Commission (IEC) in violation of Section 116 of the Election Act, the Respondent and members of his party, bribed and provided inducement to voters in various parts of the country during the political campaign period.
The UDP further claimed that the respondent and members of his party (NPP) distributed milling machine in various regions of The Gambia including the following villages in constituencies in parts of the Upper River Region including Kumbija 2 milling machines, Sarre Musa 1 milling machine, Baniko 1 machine, Sonkunda 1 machine, Basse Layout 1 machine, Misera 1 machine, Birifu 1 machine, Sare Mamadu 1 machine, Basse T-Junction 1 machine and Tambasansang 1 machine.
The party further claimed that the said election was invalid or void by corrupt practises in violation of Section 116 of the election Act in that the Respondent and members of his party NPP were engaged in giving financial inducements to voters throughout the country during the political campaign period set by the IEC.
They said in a bid to induce and influence the Alkalolu heads of communities) themselves and the residents of their villages, the Respondent, in a campaign speech during the period in the month of November 2021 or thereabouts, announced that all Alkalolu across the country would receive a salary of D3, 000 per month if he won the election.
“The said election was invalid by reason of the fraudulent and wrongful insertion of non-Gambians (i.e foreign national from neighbouring countries who are residents within the country) in the register of voters across the length and breadth of the country. This insertion was done without the knowledge of the petitioner until the appearance of a substantial number of non-Gambians was reported during and after the election. Evidence of the names of non-Gambians so inserted will be presented at trial.”
“The petitioner pleads the register of votes for the 2021 presidential election, the statement of results for the 2021 presidential elections, and will seek an order from this Honourable court for the Independent Electoral Commission to produce its database and relevant records.” |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 16 Dec 2021 : 12:45:32
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UDP amends election petition to include IEC
The Standard: DECEMBER 16, 2021
By Bruce Asemota
https://standard.gm/udp-amends-election-petition-to-include-iec/
The United Democratic Party yesterday filed an amended election petition before the Supreme Court against Adama Barrow and the Independent Electoral Commission (IEC).
The amended petition now has Adama Barrow and the IEC as the 1st and 2nd Respondents. The initial one filed on Tuesday targeted only President Adama Barrow.
The petition is challenging the validity of the December 4th 2021 presidential election results.
The UDP claimed the election was invalid and accused the IEC officials of malpractices and further alleged that Adama Barrow and some NPP financers induced the electorate.
The party which came second in the presidential election maintained that the election was invalid by reason that there were involvements of public officers in the period leading to the elections as well as fraudulent practices and wrongful insertion of non-Gambians in the voters list.
The UDP wants the Supreme Court to determine whether Adama Barrow was duly elected by reasons of non-compliance with the electoral laws, widespread irregularities, illegal and corrupt practices. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 17 Dec 2021 : 09:06:23
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Supreme Court to Hear UDP Election Petition Case Tomorrow
Foroyaa: December 16, 2021
By Yankuba Jallow
https://foroyaa.net/supreme-court-to-hear-udp-election-petition-case-tomorrow/
The Gambia Supreme Court will on Friday, 17 December hear the election petition case brought by the United Democratic Party (UDP) against Adama Barrow, the President of the Republic of The Gambia.
The opposition party wants the highest court to declare the re-election of President Adama Barrow on the 4th December as invalid.
The party filed their petition on Tuesday. Foroyaa has seen media reports that UDP has amended their petition to add the Independent Electoral Commission (IEC) as 2nd respondent to the case. However, we cannot independently verify this report as of now.
The UDP wants the Supreme Court to determine that the election of President Adama Barrow was invalid by reason of corrupt practices and hold that President Barrow was not duly elected and his election was otherwise invalid.
UDP also wants the court to determine that the votes casted in favour of President Adama Barrow in all regions as void by reason of his corrupt and illegal practices. They also want the highest court to determine that the election was invalid by reason of non-compliance with the electoral laws, widespread irregularities and improprieties which affected the results in favour of President Adama Barrow.
Finally, the party wants the Supreme Court to determine that the election was invalid by non-compliance with the Constitution and all applicable election laws.
UDP’s Alagie S. Darboe, the Senior Administrative Secretary of the party, who signed the petition on behalf of the party, said IEC absorbed renowned NPP supporters to supervise the 2021 presidential elections.
He said the NPP supporters who were appointed as presiding officers included: Fabakary Ceesay of Jambur, Fansu Sambou of Brikama, Ousman Manneh of Kembujeh, Ramatoulie Bajinka of Brikama, Oumie Hydara of Brikama Wellingara, Ross Bass of Lamin Village, Nyarra Sowe of Sibanor, Lamin K. Jawara of Farato, Malick Jammeh of Kembujeh, L.S.A Jatta of Kembujeh, Lamin M. Manneh of Marakisa, Amadou Sanneh of Brikama, Alassan Bah of Basse, Alfusainey Jarju of Sohm, Alieu Jarjusy of Nyofelleh, Fatou Jammeh of Kuloro and Fabakary Gibba of Ndemban.
UDP said the election was invalid accusing officials of the IEC of malpractice. Darboe said the officials of the IEC did not permit their agents to be present at the time of sealing the ballot boxes in the morning before the commencement of the polls.
The party also said some voters were denied the opportunity to cast their votes for not wearing face masks. The party argued that there was no previous announcement to that effect that a face mask was a requirement.
UDP said the presence of some Alkalolu at some polling stations was condoned by officials of the IEC even though it did not conform to the standards of ethics.
The opposition party said in Basse, Upper River Region, Police Commissioner Ensa Badjie came and ordered the IEC staff to re-open the polling station for those who came late.
The party said voting continued in Sukuta and Farato until 12 midnight side by side with the counting of the results contrary to the IEC announcement.
UDP said some voting stations were congested and the IEC did not provide enough voting booths in some stations, namely: Busumbala Mission School polling station, Old Yundum polling station and also in Sukuta; leading to some voters leaving without casting their votes.
Alagie S. Darboe, the Senior Administrative Secretary to the party, signed the petition on behalf of UDP.
Darboe said the election was invalid and void as he accused Adama Barrow and some of his NPP officials of financial inducements to the electorates countrywide during the campaign period contrary to section 116 of the Elections Act.
He said, in a bid to induce and influence the Alkalolu and residents of their villages, President Adama Barrow announced that Alkalolu would receive D3000 monthly salary, if he wins.
Also, the lawmaker pleaded that the Minister of Regional Government and Lands, Musa Drammeh, paid one million dalasis or thereabout to the Alkalolu and village development committees of some communities while the President was on campaign.
Darboe maintained that the election was invalid because of the involvement of public officers leading to the elections. In support of his argument, Darboe said chiefs and governors were involved in the campaign for the NPP, adding that chiefs were in campaign committees of NPP at each region across the country.
Darboe said the 2021 election was invalid by reason of hate against the Mandinka and in order to induce fear in the voters against UDP; when it became a campaign slogan of the NPP that if UDP wins, the Fulas, Wollofs, Serers and other ethnic minorities will be expelled from the country.
The party said the 2021 election results were invalid by reason of lack of transparency in the counting and transmission of the results to the IEC headquarters.
The party said their agents were given a fax copy of the results of the collation centre results without attaching thereto copies of the polling centre results. The party added the IEC refused to supply them the information of polling station results at the time and maintained that the presiding officers failed to record the names and addresses of all polling agents on the polling station results form as required by section 71 subsection 2 of the Elections Act.
UDP said the polling station results forms were not kept in a secured manner such as sealing them in envelopes when they were being transported to the collation centres.
They further said their agent at the collation centre in Kerewan was denied access to the results of the North Bank Region that were presented there. Also, the party said their agent was not given the results after the collation exercise and the IEC officials began jubilation.
UDP also said the election was invalid by reason of fraudulent and wrongful insertion of non-Gambians (residents in the Gambia) in the voter list countrywide. The party said they were not aware of this until the appearance of non-Gambians was reported during and after the election. The party promised to present to the court the names of the non-Gambians.
UDP wants the Supreme Court to order IEC to produce their database and other relevant materials. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 17 Dec 2021 : 19:45:08
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Lawyers for President Barrow Want Supreme Court to Dismiss Case on Constitutional Ground
Foroyaa: December 17, 2021
By Yankuba Jallow
https://foroyaa.net/lawyers-for-president-barrow-want-supreme-court-to-dismiss-case-on-constitutional-ground
Lawyers for President Adama Barrow have filed a motion before the Supreme Court seeking dismissal of the United Democratic Party election petition against their client.
President Barrow’s lawyers were Lawyer Sherriff Marie Tambadou, Christopher E. Mene, I. Richards and Paulin Bakurim.
UDP sued President Adama Barrow before the Supreme Court. The party wants the court to determine that the election of Adama Barrow of the NPP as president was invalid.
The motion dated the 16th of December 2021 seeks dismissal or striking out of the UDP petition brought against Adama Barrow, contrary to the provisions of the Constitution on the ground that Adama Barrow as President has constitutional immunity from suit granted to him as President of the Republic by section 69 of the Constitution. According to the motion, section 69 provides that no civil and criminal proceedings shall be instituted or continued against the President while he holds or performs the function of the Office of the President in respect of anything done or omitted to be done by him or her whether in an official or private capacity.
Chief Justice Hassan B. Jallow set aside Tuesday, 21st December 2021 for the hearing of the motion. He gave IEC and UDP two clear days to respond to the motion.
The election petition case was brought by the United Democratic Party (UDP) against Adama Barrow and the Independent Electoral Commission (IEC). It was first mentioned on Friday, 17th December 2021 before the Supreme Court. The panelists of the court were Justices Hassan B. Jallow (Chief Justice), Cherno Sulayman Jallow, M.M. Sey, Awa Bah and Edrissa Fafa Mbye.
Lawyers Bory S. Touray, Abdul Aziz Bensouda and Lamin L. Darboe represented the UDP. UDP representatives were absent in the suit.
Lawyers Kebba Sanyang and Malick H.B. Jallow represented IEC. Sulayman Joof, the Director of Administration at the IEC represented the electoral body.
Lawyer Bory S. Touray informed the court that they have filed a motion ex-parte on Friday morning.
“It is not with us,” Chief Justice Jallow said.
Lawyer Touray acknowledged receipt of the motion by the lawyers for President Adama Barrow.
Lawyer K. Sanyang informed Tue court that he intends to raise preliminary objection as to why the name of IEC is added in the suit.
Lawyer Sheriff M. Tambadou informed the court that they were served with the amended petition by UDP together with the Court Order obtained ex-parte.
“We wish to advise ourselves on the ex-parte order,” Tambadou said.
Lawyer Tambadou pointed out that Rule 22 of the elections petition rules provides that all application in petition “must” be on notice, particularly on amendments.
“We need to take the necessary steps,” Tambadou said.
Chief Justice Jallow gave the lawyers for both IEC and President Barrow to file their responses to the petition on or before the 22nd of December 2021.
He said the motion will be first heard and determined since it is touching on the jurisdiction of the court to hear and try the case. He said Tuesday, 21st of December is set aside to hear the motion seeking to strike out the case.
Justice Jallow took time to urge the parties in the suit to work towards the expeditious hearing and determination of the suit. He added that the matter is of public interest.
Lawyer Tambadou suggested for the arguments for both the motion and petition to be taken together, but Chief Justice Jallow turned him down.
The Chief Justice invited all parties in the case to his chambers on Monday, 20th of December 2021 for “Status Conference” to set timeline for the expeditious hearing of the case. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 22 Dec 2021 : 12:15:33
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Adama Barrow’s Lawyers Withdraw First Motion Seeking Dismissal of UDP’s Election Petition
Foroyaa: December 21, 2021
By Yankuba Jallow
https://foroyaa.net/adama-barrows-lawyers-withdraw-first-motion-seeking-dismissal-of-udps-election-petition/
Lawyers for President Adama Barrow on Tuesday, 21st December 2021 withdrew their first motion seeking dismissal of the United Democratic Party (UDP) election petition case in which the head of state was made a party.
Contrary to the reports circulating on social media, the cost awarded in favour of UDP was as a result of the delay. However, President Barrow’s team of lawyers will on Friday proceed to move their second motion seeking dismissal of the case based on constitutional ground; that a sitting President has constitutional immunity from civil and criminal proceedings.
WHAT HAPPENED IN COURT?
The case began at around 10:47 am on Tuesday before a panel of judges of the Supreme Court in the persons of Justices Hassan B. Jallow, Cherno Sulayman Jallow, Mam Yasin Sey, Awa Bah and Edrissa Fafa M’bai.
Lawyers Bory S. Touray, Lamin S. Camara, Lamin L. Darboe, Abdul Aziz Bensouda and Fatou Darboe represented UDP. Lawyers Sheriff Marie Tambadou, Christopher E. Mene and Pauline Bakurim represented President-elect, Adama Barrow. Lawyers Kebba Sanyang, Malick H.B. Jallow and Fatou M. Jawo represented the Independent Electoral Commission (IEC). Lawyers Hussein Thomasi (the Solicitor General and Legal Secretary), Binga D. (the Director of Civil Litigation) and Kimbeng T. Tah (Senior State Counsel) represented the Attorney General.
In an overcrowded courtroom, the case was called for the lawyers for President-elect, Adama Barrow to move their motion, but Lawyer Sheriff Marie Tambadou informed the court that he wants to consolidate his two motions – Motion 1 and Motion 2.
Upon hearing this application, Lawyer Bory S. Touray for the United Democratic Party objected, saying the court was convened to hear Motion 1 adding Motion 2 is scheduled for Friday. Lawyer Touray insisted that the court should follow its roadmap as agreed at the “Status Conference” held on Monday at the Chief Justice’s Chambers.
Lawyer Tambadou for President Barrow re-argued saying the two motions are the same and the arguments for both should be made at once. Upon hearing the application by Counsel Tambadou and the objection by Barrister Touray, Hassan B. Jallow, Chief Justice said the court will hear Motion 1 today and will hear Motion 2 on Friday as agreed in their meeting.
This is when Lawyer Tambadou rose up and applied to withdraw Motion 1. Tambadou said both motions are the same, but Motion 2 is more elaborate.
Lawyer Tambadou told the court that they have filed a motion dated the 20thDecember 2021, which goes to challenge the competence of the UDP petition. He added that they filed another motion on Tuesday morning to consolidate the two motions.
Lawyer Bory S. Touray said he was served with the newest motion (seeking to consolidate the two motions) in court on Tuesday morning.
“We did not have time to look at it,” he said.
Lawyers Kebba Sanyang for IEC and Husein Thomasi for the Attorney General both indicated that they were served with the new motion seeking to consolidate the two motions.
Lawyer Bory S. Touray rose up and reminded the court of their agreement during the “Status Conference” held at the Office of the Chief Justice. He said the case was scheduled for the court to hear Motion 1 adding he is objecting to the request for the consolidation of the two motions. Lawyer Sheriff Tambadou said having regarding to the two motions, both touch on the petition and the amended petition as well as the jurisdiction of the court to hear the case. He submitted that the motion for the consolidation of the two motions be acepted.
Chief Justice Hassan B. Jallow said the court will hear Motion 1 first and then Motion 2 on Friday.
Upon hearing this, Lawyer Tambadou applied for Motion 1 to be struck out. Lawyer Touray for UDP still objected saying it was a delay tactic by the Lawyers for the President. He said the withdrawal amounts to holding the court at a ransom. Touray applied for the application to withdraw the motions to be dismissed.
Chief Justice Jallow accepted the withdrawal and struck out Motion 1. However, he ordered that the President should pay cost of D10, 000 for the delay. Motion 2 will be heard on Friday at 9:30 am.
In another development in this suit, the Court set-aside December 28 to hear the UDP petition and ordered that UDP will have 5 days to argue their case, President-elect, Adama Barrow will have further 5 days to argue his case, IEC will be accorded 2 days to argue their case while the Attorney General will have only one day to present his case.
Justice Jallow ordered that all parties in the case should file and serve their lists of witnesses, witness statements and other particulars on or before the 24th December 2021. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 28 Dec 2021 : 12:56:33
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The Supreme Court dismissed the UDP election petition for not following rule 11 of the election petition rule (notice and Security) and also ordered the UDP to pay a sum of 100,000 to Adama Barrow as cost.
11. Time for giving notice
Notice of the presentation of a petition and of the nature of the proposed security accompanied by a copy of the petition shall be served by the petitioner on the respondent within five days after the presentation, exclusively of the day of presentation.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12306 Posts |
Posted - 28 Dec 2021 : 14:53:39
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SNIPPET:
"..ordered the UDP to pay a sum of 100,000 to Adama Barrow as cost. "
Bet that will cause some ripples in the UDP camp 
quote:
Originally posted by Momodou
The Supreme Court dismissed the UDP election petition for not following rule 11 of the election petition rule (notice and Security) and also ordered the UDP to pay a sum of 100,000 to Adama Barrow as cost.
11. Time for giving notice
Notice of the presentation of a petition and of the nature of the proposed security accompanied by a copy of the petition shall be served by the petitioner on the respondent within five days after the presentation, exclusively of the day of presentation.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11634 Posts |
Posted - 28 Dec 2021 : 16:17:38
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| “United Democratic Party has never left anything wrong in this country to go unchallenged. We have directed the jurisprudence of this country, we’ve directed how the constitution of this country should work. We have not lost anything because the petition was not dismissed based on merit but a mere technicality. We should be proud of ourselves for what we have done and will continue to do for Country“. - ANM Ousainou Darboe |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 28 Dec 2021 : 20:47:24
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UDP VS ADAMA BARROW, IEC AND MINISTRY OF JUSTICE SESSION FOUR (4) OF THE CASE.
By Kexx Sanneh
Supreme Court Dismissed President Barrow’s Lawyers’ Motion 2 in Entirety and equally dismissed the UDP petition and ordered the party to pay President Adama Barrow one hundred thousand dalasis (D100,000) as cost.
The Supreme Court today on Tuesday, 28 December dismissed motion 2 brought by President Adama Barrow’s lawyers seeking to dismiss the UDP election petition filed against president Adama Barrow.
It was argued by Lawyer Sheriff Marie Tambadou that there was no personal service on the President. Tambadou argued that Barrow was not served as required by Rule 12. He argued that the petitioners (UDP) never applied for substituted service on the President. He submitted that the process was a nullity.
Lawyer Tambadou raised an issue that the Independent Electoral Commission was not properly added in the suit. Tambadou said the order for the joinder of IEC was done outside the 10 days. He submitted that election petition rules should be interpreted strictly adding to compliance with the rules is fatal to the petition relying on some decided cases.
He said the failure to effect personal service, the way the UDP amended their petition and the way IEC was joint in the suit all resulted in a fatality of the proceedings. Consequently, he urged the court to dismiss the petition.
Lawyer Kebba Sanyang for IEC associated himself with the submissions of Lawyer Tambadou.
Hussein Thomas, the Solicitor General said it is in the public interest that the court is required to interpret election petition rules strictly. He relied on several case laws to urge the court to dismiss the suit.
Lawyer Bory S. Touray in his counter argument said the motion should be dismissed for lack of merit. He argued that the petition and the amended petition were both filed within time. On whether the petitioners sought the court leave for filing an amended petition, Lawyer Touray said they made an oral application to the court which was granted.
In reply on points of law, Lawyer Tambadou said there is no waiver to the rule requiring personal service.
Chief Justice Hassan B. Jallow delivering the ruling on motion 2 said election petition rules should be interpreted strictly. He cited some decided cases including the Gambia Supreme Court case of Joseph Henry Joof and IEC.
He found and held that the petitioners (UDP) filed their petition and amended the petition within time. He dismissed Tambadou’s argument that IEC was added wrongly in the suit. He mentioned that IEC is the proper party in the suit adding cases like this, IEC should be added.
On the complaint of ex-parte arguments, he said that is a non-issue as he dismissed Tambadou’s arguments on that line.
On the issue of personal service, Justice Jallow said Rule 12 requires personal service and in this case, it is not possible, it provides for subsisted service. He said the petition was served on the President by the court’s process server through Alagie Ceesay, Chief Protocol Officer at State House.
The chief justice went ahead to say ordinarily, personal service should be done on the Respondent. He said, however, under the special circumstance of this case, the Respondent is the President and service was done on his Chief of Protocol, who is a senior government official. The Court found and held that President Adama Barrow was duly served.
The Supreme court dismissed motion 2 for lack of merit.
MOTION 3:
On motion 3 Lawyer Tambedou filed a motion claiming that the UDP did not go by the dictates of rule 11 of election petition rule "UDP) failed to comply with Rule 11 of the Elections Petition Rules".
Rule 11 reads: “Time of Giving Notice” provides that “Notice of presentation of the petition and the nature of the proposed security accompanied by a copy of the petition shall be served by the petitioner on the respondent within five days after the presentation, exclusively of the day of the prosecution.”
In the ruling of the court it found and held that this provision of the elections petition rules is mandatory and failure to comply with it would result in fatal.
Chief Justice Hassan B. Jallow dismissed Lawyer Bory S. Touray’s argument that Rule 11 does not apply to the petition as it regards the office of the President. Justice Jallow also dismissed Lawyer Touray’s argument that section 49 of the Constitution and Rule 11 of the Elections Petition Rules are conflicting. Justice Jallow stated that Rule 11 gives rights to the respondent in election petition cases.
He explained that the Constitution is the foundation and framework of law while must of the legislations is done by the Acts of the National Assembly, which include the Elections Act and Elections Petition Rules.
“The court fine and hold that there is no conflict between Section 49 of the Constitution and Rule 11 of the Elections Petition Rule 11,” he said.
Chief Justice Jallow said it was the responsibility of the petitioners (UDP) to serve the Respondent (President Adama Barrow). Rule 11 cited above, according to the Chief Justice, is mandatory which obliges the petitioners (UDP) to file a notice to the President within five days.
“Has the Petitioner complied with the requirement of Rule 11?” Justice Jallow asked.
“It is clear that the Petitioner has not served the notice of petition and security as required by Rule 11 to the 1st Respondent President Adama Barrow,” Jallow answered.
He said UDP sought to rely on a letter obtained from the Registrar of Courts to argue that it was sufficient. “This does not comply with what is required under Rule 11 of the [Elections Petition] Rules,” Jallow said.
Justice Jallow stressed that the notice as required by Rule 11 should be served within 5 days after filing the petition.
“It is clear that the Petitioners (UDP) have not filed the notice of petition and security,” he reiterated. He added: “The Court finds and holds that the Petitioners have failed to comply with the requirements of Rule 11.”
He emphasized Rule 11 is mandatory and failure to comply with the provisions would render the petition fatal as he relied on several decided cases from both within the jurisdiction and beyond.
“This single obligation (referring to Rule 11) must be adhered to,” Jallow said. He said the rationale of Rule 11 is to give the Respondent the chance to know about the petition and know what is at stake to prepare his response.
“Compliance to Rule 11 is mandatory and non-compliance is fatal,” Jallow said.
He maintained that respect for timeliness set for election petitions is mandatory and failure to observe them is a failure.
The court found and held that “Rule 11 is mandatory and non-compliance is fatal.”
He struck out the case and awarded a cost of D100,000 against the UDP. The political party is asked to pay this amount to President Adama Barrow as a cost.
Chief Justice Jallow said this amount of money (D1000) would be recovered from the sum of D300,000 that UDP deposited as security in the case. The remainder would be refunded to the party.
The history or reason of the petition before the court.
The UDP brought the petition urging the Supreme Court to determine that the election of President Adama Barrow was invalid because of corrupt practices. UDP wants the apex court to hold that President Adama Barrow was not duly elected and his election was otherwise invalid.
UDP also wants the court to determine that the votes cast in favour of President Adama Barrow in all regions as void because of his corrupt and illegal practices.
They want the highest court to determine that the election was invalid because of non-compliance with the electoral laws, widespread irregularities and improprieties which affected the results in favour of President Adama Barrow.
Finally, the party wants the Supreme Court to determine that the elections was invalid by the non-compliance with the Constitution and all applicable election laws. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 29 Dec 2021 : 22:13:22
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UNITED DEMOCRATIC PARTY STATEMENT ON THE DECISION OF THE SUPREME COURT OF THE GAMBIA TO DISMISS THE PETITION OF THE UNITED DEMOCRATIC PARTY CHALLENGING THE DECEMBER 4TH 2021 PRESIDENTIAL ELECTIONS
On the 28th of December 2021 the Supreme Court, sitting with a panel of 5 Justices, delivered a ruling on two applications that had been filed on behalf of President Elect Adama Barrow.
The first application sought to dismiss the petition on the following grounds:
That the petition was filed late;
That the petition was improperly amended;
That the IEC was improperly joined to the case; and
That President Elect Adama Barrow was not properly served.
The Supreme Court dismissed the first application as lacking merit and agreed with the UDP’s arguments.
The second application claimed (Under Rule 11 of Election Rules) that UDP had not served a notice of presentation of the petition as well as a notice of proposed cost on President Elect Adama Barrow within five days after presentation of the petition and therefore the petition should be struck out.
In fact the UDP had conducted its case above and beyond the requirements of Rule 11 in that:
The Petition was served within 48 hours of filing and the Respondent had already commenced participating in the matter;
UDP had applied for costs to be ordered. Indeed costs of GMD 300,000 was ordered and paid immediately within the five day period. Therefore a notice of proposed cost was overtaken by events.
Notice of the costs was given to the Respondent by the Master of the High Court and further re-issued a second time by UDP to the Respondent.
All these steps were upheld by the Court.
Surprisingly the Supreme Court decided to dismiss the entire Petition on a trivial point of technicality
It is even more disappointing that the Supreme Court chose to strike out the petition when striking out was not a remedy provided for by statute.
Further, the United Democratic Party had on the 24th of December filed 30 witness statements and over two thousand pages of overwhelming evidence that established beyond any reasonable doubt that:
a. The conduct of the election was fraught with corrupt conduct and vote buying;
b. Thousands of voters were added to the voter list after close of registration;
c. Thousands of foreigners obtained voters cards in The Gambia illegally;
The conduct of the vote counting was full of irregularities that made the result of the election null and void.
Over the past three weeks the United Democratic Party has carried out diligent investigation and placed evidence before the Supreme Court to demonstrate how the elections were stolen from The Gambian people.
While we respect the decision of the Supreme Court as the apex judicial authority, we express our unreserved disappointment that the will of the Gambian people is once again suppressed.
We will explore all legal options and ensure that the evidence gathered is presented to The Gambian people.
Our legal team have over the past few weeks, worked tirelessly – (burning the midnight oil) to ensure that we prosecute our petition by presenting evidence in its support.
The United Democratic Party takes this opportunity to salute these great men and women of the Law for their principled stand that justice should not be sacrificed on the altar of technicalities.
The UDP therefore wishes to assure all its supporters and every Gambian, including the Respondent, that it has not LOST the Petition. UDP was driven from the seat of judgment by being barred from presenting evidence in support of its case.
Despite the striking out of the Petition by the Supreme Court, the leadership of UDP calls on all its members to continue to be law abiding while pursuing their legitimate constitutional rights of recruiting more people into the membership of the party.
LONG LIVE THE GAMBIA
LONG LIVE DEMOCRACY
LONG LIVE JUSTICE, PEACE AND PROGRESS
LONG LIVE U.D.P |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12306 Posts |
Posted - 30 Dec 2021 : 13:48:25
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https://foroyaa.net/what-is-the-verdict-of-the-supreme-court-on-the-election-petition/
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December 29, 2021 Burning Issues QUESTION OF THE DAY.
The battle on the election petition filed by the UDP was mainly a technical battle between the NPP and UDP. The court initially made an arrangement with counsels to clear the technicalities with speed so that they can get to the substance and come to a decision within 30 days. Instead, the court became entangled with withdrawal of motions and addition of motions without getting to substance. Costs were imposed for delays but the technicalities continued.
Finally the court decided that the technicalities were fatal thus bringing an abrupt end to the case.
In simple terms the first motion was withdrawn and was no longer an issue before the court.
On the issue whether Adama Barrow was served with the election petition within ten days in accordance with the constitution, the court ruled that the UDP did so. The court also ruled that the IEC can be a party to the suit.
However, on the third motion the court ruled that the UDP failed to comply with rule 11. In other words, after the presentation of the petition they failed to give notice to Adama Barrow of both the presentation of the petition and the nature of the proposed security within five days. Such notice should be accompanied by a copy of the petition itself. Without this complete package within five days the petition will be fatal.
The court held that UDP failed to do this and the case is therefore fatal.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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