Banjul — Lawyer Ousainou Darboe, the United Democratic Party presidential candidate in the 22nd September presidential election, is contesting the election results at the High Court in Banjul. The case, which was heard on Wednesday, 18th October 2006, is being presided over by the Chief Justice, His Honor Abdou Karim Savage.
Mr. Darboe had from the onset expressed his objections to the results and the UDP party did subsequently elaborate these objections in a statement issued earlier this month. The party is accusing the IEC of "colluding with the Jammeh regime to steal the elections." The objections however were thought by many to have been too general and lacking in concrete evidence to be able to stand the test of the courts. It is however widely believed that the results of the elections do not properly represent the will of the Gambian people.
In her submission at the High Court on Wednesday, Lawyer Ida Drammeh, counsel representing Ousainou Darboe, submitted that she had filed a preliminary objection for petitioning the result and that the petition is competent and is for the court to accept the petition.
However, Lawyer Amie Joof-Conteh, counsel for the Independent Electoral Commission (IEC), said she was served with the motion dated 6th October 2006, and that it is for the court to entertain the petition.
The Director of Pubic Prosecution, Emmanuel Fagbenle, stated that under rule 45 of the Supreme Court 1999, it was the duty of the Attorney General to serve the motion to all the parties concerned.
Chief Justice Savage finally ruled that the Attorney General should accordingly serve the motion to all the parties concerned. The title of the petition before the High Court was labeled UDP Darboe Vs APRC Jammeh.
The case has been adjourned to October 20, 2006.
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