IEC answer to Foroyaa:

Monday, January 21, 2008
Re - “is replacement of candidate possible after a withdrawal outside the stipulated time?”

Editor

The Commission has read the Foroyaa editoral of the 18 to 20 January 2008 on issn; 0796-08573 on the above mentioned caption and wish to put the records straight.

The IEC over the years has been conducting elections within the dictates of the electoral laws of the Gambia. It is quite evident that from the close of nominations to election day is less than twenty days , threfore, how can this provision (section 51 subsection 1 of the elections decree) come into play as far as the local government elections are concerned?

Section 127 subsection (1) and (2) states that; (1) where any issue arises relating to electoral matters which is not addressed by this decree or any other law , the commission shall resolve such issue in keeping with the standards and rules of natural justice and fairness.

(2) a decision of the Commission with respect to an issue arising under subsection (1) shall be final and shall not be called into question in any court of law.

Therefore, the answer posed by the editorial of Foroyaa is an emphatic yes because the IEC made this decision in the interest of natural justice and fairness.

Alhaji Mustapha L Carayol

Chairman IEC

Editor’s Note: We have laid this letter out as sent to us. Still, could the last paragraph be meant to read thus: “Therefore, the answer to the question posed by Forayaa’s editorial is an emphatic ‘yes’ ”?

Author: DO