By Bruce Asemota
The Mayor of Banjul Rohey Lowe has filed an appeal at the Gambia Court of Appeal against Gambia Participates, Abdou Aziz Gaye and Centre Policy and Development challenging the judgment of the High Court presided over by Justice Basiru Mahoney.
In her ground of appeal, the mayor advanced that the judge erred in law when he held that the Independent Electoral Commission does not have power to give her power to issue attestation, adding that the judge did not consider that the IEC derived its powers under section 127 (1) and (2) of the Electoral Act.
The appeal also argued that the Judge failed to avert his mind to the act that section 12 of the Electoral Act has not catered for the people of Banjul and also failed to factor in the previous years practice of the IEC in respect to the people of Banjul.
She further countered that the judge erred when he held that the mayor’s act of issuing attestation to the people of Banjul is unconstitutional and that he did not consider that the people of Banjul’s franchise will be affected if she does not issue the attestation.
The appeal said the judge was wrong to hold that the IEC acted outside the law by empowering the mayor to issue attestation.
Based on these arguments, the mayor wants the Gambia Court of Appeal to set aside the judgment of the High Court delivered on the 13th July, 2021.