Wednesday, July 28, 2021

Foroyaa Should Answer My Question: Who Polices The IEC?

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QUESTION OF THEDAY

Foroyaa’s reply is simple: It is the courts that should police the IEC if that is an appropriate word to use in relation to the courts. In short, the courts do not police institutions and individuals they administer, interpret the law and ensure dispensation of justice.

Section 5 of the Constitution relating to the enforcement of the Constitution states:

        “(1) A person who alleges that 

(b) any act or omission of any person or authority, is inconsistent with or is in contravention of a provision of this Constitution, may bring an action in a court of competent jurisdiction for a declaration to that effect.

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(2) The court may make orders and give directions as it may consider appropriate for giving effect, or enabling effect: to be given, to such a declaration and any person to whom any order or direction is addressed shall duly obey and carry out the terms of the order or direction.”

Hence anyone who believes that the mandate of any member of the IEC is unconstitutional could go to the Supreme Court to seek redress.

The Inter-Party Committee is also a partner to the IEC, If any alleged anomaly is  brought to its notice it should be able to engage in dialogue with the IEC for clarity and action . No decent Gambian would want fall foul of the law. Anything pursued in good faith would yield positive results in the national interest.

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