By Assan Sallah.
The Supreme Court in Banjul, presided over by the Chief Justice Hassan B. Jallow, has on Tuesday, 28th December 2021, struck out the election petition case filed by the United Democratic Party (UDP).
The court held that the petitioner UDP had not complied with Rule 11 of the election petition rules which requires that the notice of presentation of the petition and nature of the proposed security for costs shall be served on the Respondent within five days after submission of the petition.
As a result of non-compliance with the mandatory Rule 11 of the election petition rules, the court held that the petition is a nullity and it was on that basis that it struck it out.
The UDP was also ordered to pay the sum of D100, 000 as cost to the Respondent.
Judicial sources said the UDP did indeed file the notice of the presentation of the petition as well as the notice of the nature of the proposed security for costs but it was done late and not within five days as stipulated by Rule 11 of the election petition of the Gambia.
The UDP was represented by Lawyer Borry S. Touray, Lamin S. Camara and Abdoul Aziz Bensouda. The 1st Respondent Adama Barrow was represented by Lawyer Ida Drammeh and Sheriff Tambedou , while the 2nd Respondent IEC was represented by Lawyer Kebba S. Sanyang and Malick H. B. Jallow.