By Bruce Asemota
The suit against Banjul mayor Rohey Lowe and the IEC, and the Attorney General over the legitimacy of voter attestation by the mayor has begun at the high court yesterday.
Lawyer Abdoulie Fatty, representing the applicants Gambia Participates, Abdou Aziz Gaye and Centre for Research and Policy Development told the court that Mayor Lowe contravenes Section 12 (2) (e) of the Election Act by issuing attestation for the acquisition of voter’s cards as the law does not empower her to do so.
Lawyer Fatty submitted that the IEC and the mayor of Banjul are exercising public functions which they can do only with constitutional sanction.
He said the mayor and the IEC relied on Section 127 of the constitution holding the view that in the absence of a seyfo or alkalolu in the city of Banjul, if the mayor does not exercise their functions, the constituents would be disenfranchised.
“However there is no act of parliament governing this issue and Section 127 does not confer powers on the mayor of the city of Banjul to issue attestations to constituents,” Fatty contended. The case continues on Thursday.