Saturday, May 28, 2022

Why Is The UDP Back At The Supreme Court?

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QUESTION OF THE DAY

The UDP felt that the presidential election of 4th December 2021 was characterized with widespread illegal, irregular and corrupt practices. So, they filed a petition at the Supreme Court against Adama Barrow, the NPP candidate who was declared elected, which they are empowered to do by section 49 of the Constitution. They urged the Court to invalidate the results of the election due to the irregularities and corrupt practices.

Adama Barrow’s team of lawyers insisted that the petition was not properly before the court because the UDP failed to serve Adama Barrow with notices of the filing of the petition and the nature of the security (the D300,000 deposited), accompanied by a copy of the petition within five days after the filing of the petition. By a unanimous decision the panel of five judges presiding over the case agreed with Adama Barrow’s team of lawyers and struck out the case.

The UDP were aggrieved but what could they do, given that the Supreme Court is the highest court of the land? They made use of the provision of law that permits them to apply to the Supreme Court to review their decision. Yesterday they gave reason why the Supreme Court should allow them to make such application. The panel of five judges listened to them and adjourned to deliver a ruling later. If the court decides to permit them to do so, a panel of seven judges will sit to review the decision of the panel of five judges that struck out the petition. After this no further action can be taken.

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