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Gambia News : Supreme Court to Rule on Constitutional Case

The Supreme Court, presided over by Chief Justice Abdou Kareem Savage, will Monday rule on the preliminary objection raised by the defendants against the constitutional suit before it.

The defendants, the Attorney General and the Independent Electoral Commission  (IEC), raised a preliminary objection to the suit, arguing that the suit was not properly constituted and that it is an abuse of the court process. The defendants further argued that the Supreme Court lacks jurisdiction to entertain the suit.

The plaintiffs- UDP, NRP and Momodou K. Sanneh- had filed a suit at the Supreme Court contesting the recent amendment of the Local Government Act by the National Assembly, which now gives the President power not only to remove Mayors but also to dissolve elected councils, in addition to overhauling the system of choosing chairmen of councils by doing away with universal suffrage.

In their claim the plaintiffs seek a declaration that the bill entitled the Constitution of the Republic of The Gambia 1997 (Amendment) act, passed by the National Assembly on the 6th day of September 2007, runs contrary to the spirit and intent of section 193 (1) of the Constitution of the Republic of The Gambia and is therefore void and of no effect.

The claim also seeks a declaration that the bill entitled the Local Government (Amendment) Act 2007, passed by the National Assembly on the 31st of October 2007 and assented to by the President on the 19th day of November 2007 was made in excess of the powers conferred on the National Assembly and the President.

They further seek a declaration that the Local Government (Amendment) Act 2007 (Act no 13 of 2007) is null, void and of no effect, in addition to an injunction restraining the 2nd defendant (IEC) from holding or conducting the election for the Municipal and Local Government Authorities scheduled for January 24th 2008 under the Local Government Act as amended and the Constitution of the Republic of The Gambia as amended.

Ruling is set for Monday 14th January 2008.