By Amara Thoronka
Lawyer Abdoulie Fatty has described the disqualification of his client Momodou Sabally by the Independent Electoral Commission (IEC) as unlawful and untenable.
Fatty Esq made the statement while making his submission in the case between his client, United Democratic Party’s Momodou Sabally and IEC (1st Respondent) and Attorney General (2nd Respondent) before Justice Apongabuno Achibonga.
Lawyer Abdoulie Fatty said the matter is for the court to decide whether the 1st Respondent (IEC) misapplied Section 90 (1) (e) of the Constitution of the Gambia which covers disqualification of persons to contest for parliamentary seat, adding that it is also for the court to decide whether his client fulfilled the conditions for disqualification as mentioned in the Constitution.
Arguing on the grounds that his client was disqualified because of adverse findings levelled against him by Justice Janneh Commission of Inquiry, Lawyer Fatty said the recommendations of the said Commission are generic and do not apply in the case before the court.
“The recommendations of the Commission of Inquiry are generic while the qualifications for election of National Assembly Member in Section 90 (1)(e) are specific. It is my submission that when public body relies on a provision covering qualification and disqualification, that public body should limit themselves to the expressed and specific provisions of the instrument.”
“The disqualification must be premised on law. The 1st Respondent (IEC) is not supported by the very law he relied on. The applicant (Momodou Sabally) had not incur the conditions for disqualification, so the decision of the 1st Respondent is untenable and unlawful.”
Counsel for the applicant, Abdoulie Fatty, added that it is not expressly stated in the Justice Janneh commission of Inquiry’s recommendations and subsequent Government White Paper that for the applicant to be banned from public office for life.
In his submission, counsel for the 1st Respondent (IEC), Lawyer Kebba Sanyang said there are adverse findings against the applicant (Mr. Sabally) and that the Commission of Inquiry which found such adverse findings against him was lawfully established.
“The undisputed fact is that there are adverse findings against him by a lawfully established Commission of Inquiry. Section 26 of the Elections Act provides for circumstances empowering an electoral (returning) officer to accept or reject one’s nomination.”
Sanyang Esq. also cited various legal provisions empowering a returning officer of the Independent Electoral commission to accept or reject nominations of public election aspirants.
On 10th March, the Electoral Commission rejected the nomination of Momodou Sabally of the main opposition United Democratic Party to run for the National Assembly seat of Busumba Constituency on the grounds of adverse findings leveled against him by the Janneh Commission of Inquiry. He is in court challenging the decision of Gambia’s elections body.
Justice Apongabuno Achibonga adjourned the matter to Friday 1st April 2022.
