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Tuesday, May 24, 2022

Letters: Technicality and common sense in legal battle: Why is UDP celebrating?

Letters: Technicality and common sense in legal battle: Why is UDP celebrating?

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Dear editor,

This is what happened at the court Tuesday; opinion based on common sense.

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1. UDP first petition targeted President Barrow singlehandedly in person and left IEC out..seemingly that is not an election petition hence IEC as the referee was not a party.

2. President Barrow’s lawyers were quick to invoke the immunity clause in respect to the nature of the UDP petition and their first motion was based on UDP first petition prior to amendment.

3. UDP lawyers after reading the first motion of dismissal by the legal team of the president, they quickly amended their petition to add IEC with out the knowledge of the Barrow legal team, for they knew without IEC as a party Barrow lawyers might likely succeed to convince the judges to dismiss their petition.

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4. UDP filed an amendment without notice meaning the amendment was done without the knowledge of the president’s lawyers ( legal tactics or loopholes). The amendment came as a surprise to Barrow’s legal team even the Supreme Court judges weren’t aware of the amendment.

5. Such amendment consequently affected the first motion of dismissal by the President’s lawyers due to the role of IEC and Attorney General as parties to the case, so common sense will dictate the arguments in their first motion would have to be adjusted significantly to correctly address the UDP petition as amended.

6. The President’s lawyers filed a second motion with better arguments considering circumstances of the case, but this time more detailed and stronger. They joined the first and second motions and smartly withdrew the first one to address the nature of UDP petition as amended.

7. The president’s lawyers deliberately withdrew their first petition knowing fully the first one alone might not succeed hence the nature of the petition has changed..their first motion was like putting all your eggs in one basket, so they decided to put their eggs in different baskets…this time they came with eight point (prayers)…to make it more difficult for the UDP, and as it stands the UDP will find it more difficult to escape all the eight points in their second motion of dismissal.

8. UDP lawyers are being played by the President’s Lawyers because UDP legal team are more reactive than proactive….do not be surprised if UDP lawyers decided to amend their petition after reading the second motion of the president’s legal team most likely they may amend to add NPP to the petition.

The threshold to nullify an election results is too high especially with the merging between the NPP and the UDP…it will be unprecedented for just five judges to nullify over two hundred thousand votes for the ground of “giving cooking pots”…lol.

Unfortunately, we didn’t know the eight prayers of the President’s lawyers, it will be very interesting to understand the legal strategy and tactics they are trying to apply..at the end of the day UDP petition will be summarily dismissed for lack of merits…

As we speak, the UDP lawyers are having sleepless night, looking for legal loopholes to counter the second motion of the President’s legal team….

Noting to celebrate, the second motion of the president’s legal team might likely prevail…the legal battle continues…

President Moses Kairo Heno Balafa Barrow on the 19th of January 2022, will be inaugurated, there is no tidbit of doubt about that.

BEEH SUBA!

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