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UDP awarded D10,000 as cost after Barrow’s lawyers withdraw motion

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By Bruce Asemota

The Supreme Court yesterday awarded D10,000 against President Adama Barrow’s legal team to be paid to the United Democratic Party. This followed a decision by Barrow’s legal team to withdraw a motion they filed for the UDP election petition to be struck out.

When the case was called for Barrow’s lawyers to move their motion, Lawyer Sheriff Marie Tambedou informed the court that he wants to consolidate his two motions –1 and 2.

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Tambedou explained that they have filed a motion dated 20th December challenging the competence of the UDP petition. He said they filed another motion on Tuesday yesterday morning to consolidate the two motions.

Lawyer Bory S. Touray, counsel for the UDP said he was served with the newest motion (seeking to consolidate the two motions) in court yesterday morning.

“We did not have time to look at it,” he said.

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 However, lawyers Kebba Sanyang for IEC and Husein Thomasi for the Attorney General both indicated that they were served with the new motion.

Upon hearing this application, Lawyer Bory S. Touray objected, saying the court was convened to hear Motion 1 adding Motion 2 is scheduled for Friday. Lawyer Touray insisted that the court should follow its roadmap as agreed at the status conference held on Monday at the Chief Justice’s Chambers.

Lawyer Tambedou re-argued, saying the two motions are the same and the arguments for both should be made at once. Upon hearing the application by Counsel Tambedou and the objection by Borry Touray, Hassan B. Jallow, the Chief Justice, said the court will hear Motion 1 yesterday and Motion 2 on Friday as agreed in their meeting.

At this point, Lawyer Tambedou rose up and applied to withdraw Motion 1. Tambedou said both motions are the same, but Motion 2 is more elaborate because it has eight prayers while the earlier motion got only one prayer of the same subject.

Lawyer Touray still objected saying it was a delay tactic by the lawyers for the President. He said the withdrawal amounts to holding the court at ransom.

Chief Justice Jallow then consulted his team of panelists and accepted the withdrawal and struck out Motion 1. However, he ordered that the president’s legal team should pay the cost of D10, 000 for the delay and stated that Motion 2 will be heard on Friday at 9:30 am.

The Chief Justice also informed the court that the petition will be heard on the 28th of December and the UDP lawyers will have five days to argue their case while Barrow’s legal team too will have five days and IEC two days and then the Attorney General, one day.

The case was adjourned to Friday 24th December for oral argument.

The Chief Justice Hassan B. Jallow was assisted by his panel of judges comprising Cherno Sulayma Jallow, M.M. Sey, Awa Bah and Edrissa Fafa M’bai.

Borry S. Touray alongside Lamin S. Camara, Lamin L. Darboe, Fatou Darboe and Abdou Aziz Bensouda are representing the UDP while Sheriff M. Tambedou, Christopher E. Mene and Paulin Bakurim represent Adama Barrow.

On the side of the state are lawyers Hussein Thomasi (Solicitor General) Binga D Director of (Civil Litigation) and Kimbeng T. Tag. The IEC  is represented  by  Malick HB. Jallow, Kebba Sanyang and Fatou M. Jawo.

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