Thursday, November 30, 2023

Democracy Means Electoral Legitimacy And Constitutional Legitimacy


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The presidential election of 4th December 2021 gave rise to results declared by the IEC which five political parties and independent candidate had the option to accept or reject. Section 49 of the Constitution gave the political parties and independent candidate the right to petition the Supreme Court should they have evidence to present  to alter the declaration of IEC.

The UDP was the only party that filed an election petition. The whole Gambian nation decided to wait for the verdict of the Supreme Court in order to determine who should be sworn in as president. The Supreme Court struck out the case of the UDP.

The next question is whether the UDP will again file a case to acquire their aim by other means in the court. On 29th December 2021 the UDP issued a press release which showed no sign that they will not go further with any other court action. Rather, the statement called on its members and supporters to focus their energies on the forthcoming National Assembly and Local Government elections.

It means there is no petition in the Supreme Court restricting Adama Barrow from assuming power as president for another term when his term expires on midnight 18th January, 2022. He should be inaugurated on 19th January, 2022.

Now the country is likely to gear up for the National Assembly elections which is as important as the presidential election. Foroyaa will follow the preparation of the IEC for the National Assembly elections.

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