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Gambia News: Darboe Urges Court to Dismiss Objection By SoS Firdaus

Ousainou Darboe, the lawyer for the United Democratic Party, the National Reconciliation Party and the Minority Leader, Momodou Sanneh, in the civil suit against the Attorney General and the Independent Electoral Commission, has on Monday urged the Supreme Court, presided over by His Lordship, Justice Abdou Karim Savage, to dismiss the preliminary objections filed by SoS Marie Saine Firdaus.

Mr. Darboe said the plaintiffs are challenging the amendments that are made on the Local Government Act and the Constitution by the National Assembly.

According to him, proceedings against the parliament are brought against the Attorney General because laws passed by the National Assembly become law when they are assented to by the president.

Mr. Darboe told the court that the submissions of the Attorney General are misconceived. He added that the Attorney General, in any common law jurisdiction, is sued where the state is being challenged, and the authority passing laws is represented by the Attorney General. Mr. Darboe also said the relief being sought from the first defendant is not the same with those being sought from the second defendant, the Independent Electoral Commission (IEC) which is an independent body from the state.

Hearing on the case continues today at the Supreme Court. The suit filed by the plaintiffs is questioning the legality of the recent amendments on the 1997 Constitution and the Local Government Act.

These amendments created provisions allowing the president to remove elected councilors and depriving voters in the Local Government Areas the right to elect their council chairpersons, through universal adult suffrage; instead councilors will select their own chairpersons from amongst themselves.