Technical Debate Overshadows The Substantive Debate On The Election Petition


The quality of Gambia’s electoral system is being tested at the courts where parties and independent candidates who object to the result in a presidential election are required to lodge their petition within ten days of the declaration of results by the IEC. The Supreme Court is now faced with technical arguments regarding who the parties are in the election petition.

In any election someone must be a winner and another the loser. If one is to file a petition it must be that the loser has not lost and that the winner is actually the loser. It is therefore for the parties that aim to be considered the winner rather than the loser to produce the evidence to prove that one should be declared the winner and plead with the Supreme Court to declare that the winner is the loser and the loser the winner. And the decision of the Supreme Court will be final.