By Bruce Asemota
Senior legal counsels Ida D Drammeh and Christopher E Mene, representing President Adama Barrow have filed an application before the Supreme Court asking the apex court to dismiss the election petition filed by the United Democratic Party, judicial sources confirmed to The Standard yesterday. The petition was lodged by the UDP and is seeking for the court to invalidate the results of the Dec 4, 2021 election because of reasons of ‘fraud, corrupt practice and voter inducement’ among other things by eventual winner President Adama Barrow. Later, the petition was amended to include the Independent Electoral Commission, IEC.
Our sources further confirmed that lawyers representing the UDP will be served with the application filed by Barrow’s legal team whereupon a date will be set for hearing.
According to our sources in filing their application for the petition to be dismissed Barrow’s lawyers must have raised or relied on section 69 (2) of the 1997 Constitution of the Republic of The Gambia which provides the President immunity from civil and criminal prosecutions.
“The section states that no civil or criminal proceedings shall be initiated or continued against any person while holding or performing the functions of Office of President in respect of anything done or omitted to be done by him or her whether in an official or private capacity,” our source said.
Meanwhile, the petition which was amended to include the IEC is scheduled to be mentioned before the Supreme Court today at 10:00am for the first time.
The Supreme Court sitting will be presided over by Chief Justice Hassan B Jallow in a panel comprising four other Supreme Court judges.
The UDP will be represented in the case by Lawyer Borry S Touray and a team of lawyers, whilst Ida Denis Drammeh and Christopher Mene would represent President Adama Barrow.
The Independent Electoral Commission IEC is expected to be represented by Lawyer Kebba Sanyang and Malick B Jallow among others
