Fatoumatta Njai alias Touma Njai has won a landmark case against her political party (PPP) as the court held that the expulsion from the party was null and void.
Justice G.A. Kwnabeng of the High Court held that Touma Njai is a bona fide member of the People's Progressive Party (PP) and her expulsion or dismissal from the party was null and void and of no effect. The Judge further held that she maintains her seat as a National Assembly Member of the PPP.
Touma sued the PPP, Kebba Jallow - the party leader and the Independent Electoral Commission (IEC). The judgement was delivered on 5 December 2024.
Touma filed the case on 27 May 2021 asking the court to declare that she is a bona fide member of the PPP and a further declaration that her dismissal from the party is null and void and of no effect. Further, she asked the court to declare that the PPP congress was null and void for violating the constitution of the PPP. She also sought a declaration that the election of a new Executive at the congress held at Brikamaba was in contravention of the PPP Constitution and thus, null and void.
She also asked the court to pass a permanent or perpetual injunction restraining Kebba Jallow from parading himself as the party leader of the PPP pending the hearing and determination of the case. She sought a court order that she maintains her seat as a National Assembly Member of the PPP pending the hearing and determination of the suit. She further asked the court to pass an order setting aside the election result of the PPP National Congress for being fraudulent and unlawful. Finally, she wants the court to order and direct the PPP to organise a new congress under the supervision of the IEC in accordance with the PPP Constitution.
Touma's Case
Touma Njai's case is gleaned from her 38-paragraph affidavit (statement). She indicated that she has been a member of the People's Progressive Party since 2017 and sometime in 2017, during the National Assembly election, she contested under the ticket of PPP for Banjul South and won. On 27 February 2021, the PPP held its National Congress at Brikamaba, but before the Congress, she wrote to the party suggesting that the voting be done by secret ballot, which was the practice of the party.
She said the PPP constitution provides that before every congress forms are issued to all chairpersons of all the seven (7) regions to give the names of their delegates, who will be eligible to vote in the executive election. A meeting about the congress was held at Brikamaba and the vacant positions of the party were published in the Standard Newspaper. She added that she had applied for the position of Secretary-General/Party Leader. After the closure of all applications, the committee responsible for the selection shortlisted her and Kebba Jallow as contestants for the position of Secretary-General and Party Leader in a meeting held in Banjulinding.
Touma said she requested from the party a list containing the names and contacts of all chairpersons of the party in preparation for her campaign, which was granted. She added that she embarked on her campaign to all the regions to sell her agenda to the party's stalwarts. She stated that up to the eve of the congress, she did not know the delegates in any of the regions because the paper given was meant to serve as a pointer to all the regions. She said she had a very fruitful campaign and was optimistic about her victory. The congress took place on 27 February 2021 at Brikamaba and many media houses were in attendance.
It is the case of Touma that the congress was a nightmare to the extent that so many irregularities were carried out, which flouted the constitution and norms of the party as she accused the party of tampering with the list of qualified voters in the congress. She further alleged that the list given to her was different from the one in possession of the Chairperson. She stated that she requested the original, list but she was not provided the list.
It is also Touma's case that Kebba Jallow has conducted several meetings without her notice as she was sidelined because of her gender. She indicated that despite the gender discrimination, she was still determined to ensure that the constitution of the party was respected and observed, but to no avail.
She stated that the regional party chairpersons and their delegates walked out and did not vote. She maintained that Kebba Jallow orchestrated and masterminded the tampering of the delegates' register in his favour. She also stated that she walked out of the National Congress in solidarity with numerous regional chairpersons who lost all her support. She said as a result of the walkout Kebba Jallow was fraudulently and unlawfully elected as leader and chairman of the PPP in clear contravention of the party's constitution. She added that she was not even present when the election was conducted at the congress, and she believes that the results were obtained by fraud. She stated that the chairpersons or leaders of all seven regions were dissatisfied with the result and contested the same during the committee meeting.
She wanted the court to stop the execution of the results of the congress because of fraud, bias and unlawfulness.
PPP & Kebba Jallow's Case
It is the case of Kebba Jallow and the PPP that the party does not have the practice of voting in secret ballot. It is their case that it was Touma who proposed that voting should be by a raise of hands which was tabled and it was agreed that all voting shall be by raising of hands. It is their case that the party never authorised the regional chairpersons to give the names of their delegates because the constituency committees are solely responsible for nominating delegates. After all, the party's constitution explicitly provides that the constituency committees are mandated to submit names of delegates.
It is their case that the meeting about the congress referred to by Touma Njai as having been held at Brikamaba was rather held at the house of Kebba Jallow in Bundung and a press release was issued announcing the vacant positions of the Respondent.
They denied Touma's claim that she called the party's headquarters to request names and contacts of regional chairpersons. They said Touma, who has an interest in leading the party, ought to know all its chairpersons. They added that they were not aware of her campaign activities.
It is their case that contrary to Touma Njai's assertion that the congress was held on 27 February, 2021, it was rather held on 26 - 27 February 2021 as approved by the National Executive. It is their case that Touma failed to show any proof that there were irregularities carried out at the National Congress which offended the constitution of the party and therefore same is bogus. They said they were not aware of Touma's claims that the list of delegates qualified to vote at the National Congress, which was distributed among contestants, was tampered with. Additionally, it is their case that Kebba Jallow was not issued with the list of voters as all the delegate lists and electoral matters are handled by the electoral commissioners before and during the congress.
They denied the claim that Touma was sidelined with several meetings being conducted without her notice. Additionally, Touma's claims that she was discriminated against were misleading.
It is their case that Touma Njai interrupted the elections as she walked out of the congress hall while the election was being conducted.
It is their case that the Regional Chairpersons do not have any mandate to elect Executive Members. Rather, the Constituency Delegates from each constituency have the mandate. The Regional Chairpersons are elected by their various Constituency Committees to act as delegates.
Kebba Jallow said he did not play any role in the voter registration. It is their case that article 43 of the PPP Constitution is very clear on the mode of conducting elections, which is by raising hands. It is their case that Touma also initiated voting by the raising of hands and it was agreed. Additionally, she voluntarily boycotted the elections while the Electoral Commissioners of the party continued with the election according to the constitution of the party.
It is their case that Kebba Jallow was lawfully and legally elected without any reports of fraud or unlawfulness as the election was declared free and fair.
The PPP and Kebba Jallow contend that the Regional Chairpersons do not have any mandate to elect executive members of the party.
It is their case that Touma Njai was expelled from the party on 24 March 2021 based on the recommendation by the National Disciplinary Committee of the party and executed by the National Executive Committee. That, by a letter dated 29 March 2021, the party wrote to the Clerk of the National Assembly notifying them of her expulsion from being a member of the party.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
IEC's Case
Sulayman Joof, the Director of Administration of the Independent Electoral Commission (IEC) swore to a statement dated 6 July 2021.
It is the case of the IEC that they sent electoral officers to observe the elections through the 2-day congress.
IEC observed that it was only Touman Njai and a few delegates who marched out of the congress before the voting took place. The IEC did not observe all the Regional Chairpersons leaving the congress as claimed by Touma Njai.
Voting was done by show of hands, which was agreed by the delegates and there was no illegality in the election of Kebba Jallow as the party leader of the PPP. Touma Njai marched out of the congress and as such she could not state how the elections were conducted because she was not present. IEC said the election was conducted lawfully. Touma Njai denied herself the right to participate in the said congress because she marched out and failed to contest.
The court granted her request as stated above, but also dismissed some of her claims.
The following applications were all dismissed for lack of merit. A declaration that the congress held by the PPP was null and void for want of compliance with its constitution; A declaration that the election of a new Executive at the congress held at Brikamaba was in contravention of the party's Constitution and thus, null and void; A permanent or perpetual injunction restraining Kebba Jallow from parading himself as the party leader of the PPP pending the hearing and determination of this suit; An order setting aside the election result of the People Progressive Party National congress for being fraudulent and unlawful; and An order directing that a new congress be held under the supervision of the IEC and in accordance with the PPP Constitution.
