Supreme Court Panel to Review CJ’s Decision on Constitutional Case

Friday, February 8, 2008

Having lost the legal battle in the Supreme Court at the hands of a single judge, the Chief Justice of The Gambia, Abdul Kareem Savage, UDP, NRP, and Momodou K. Sanneh, the plaintiffs, have filed a motion for the Supreme Court panel to review the Chief Justice’s earlier decision.

The matter was recalled yesterday at the Supreme Court in a session presided over by the five-member panel.

The plaintiffs had previously contested the recent Local Government Amendment Act of 2007.  The amendment gave the President the power to dissolve the elected council, remove Councillors, in addition to stipulating the non-election of area council chairman through universal adult suffrage.

The matter was however dismissed by the Chief Justice who sat on the case following objections raised by the defendant, the Attorney General, and the Independent Electoral Commission.

The plaintiffs are seeking a declaration that the bill entitled the Constitution of The Gambia 1997 (Amendment) Act passed by the National Assembly on 6th September 2007 and assented to by the President on 1st October 2007, is null and void on the grounds that it runs contrary to the spirit and intent of the constitution.

In addition to this, the plaintiffs seek a declaration that the Local Government Amendment passed by the National Assembly on October 31st 2007 and assented to by the President on 19 November 2007, was made in excess of the powers conferred on the National Assembly and the President.

It further seeks a declaration that the Local Government (Amendment) Act 2007 (Act No.13 of 2007) is null and void. Also, the plaintiffs have sought an injunction restraining the 2nd defendant (IEC) from holding or conducting elections for Municipal and Local Government Authorities scheduled for 24 January 2008 under the Local Government Act as amended, and the Constitution of the Republic of The Gambia as amended.

The hearing is set to continue on Friday, 8th February.  
 

Author: By Modou Sanyang
Source: The Point