By: Bruce Asemota,
The Supreme Court of The Gambia, presided over by five panel of judges headed by the Chief Justice Hassan B.Jallow, Justice Gibou S.B. Janneh, Justice Raymond Sock, Justice Cherno S. Jallow and Justice MamYassin Sey last Friday, 13th July 2018 dismissed the election petition filed by the UDP candidate in Kuntaur Administrative Area of North Central River Region, Aussainou Jobarteh.
It could be recalled that Aussainou Jobarteh filed a petition against Saihou Jawara, Mustapha F.M. Jobe, the IEC returning officer of the area and the attorney general at the Supreme Court challenging the election result of the 12th May 2018, chairmanship election, urging the Apex Court to declare him the winner of the said election and not Saihou Jawara.
When the matter came up on Monday, 9th of May, 2018, the Apex Court asked the appellant’s counsel to address the court on jurisdiction and the matter was adjourned to Wednesday, 11th of May, 2018, for hearing.
During Wednesday’s sitting, the appellant’s lead counsel, Antouman A.B. Gaye addressed the court on jurisdiction and gave reasons as to why the petition was filed at the Supreme Court Registry.
Babucarr Secka, counsel for the 1st respondent; Saihou Jawara submitted that filing the Kuntaur chairmanship election petition before the Supreme Court incurred an incurable defect.
The representative of the attorney general, lawyer Binga D. submitted that where a court lacks jurisdiction to entertain a matter, any order made by the said court amounts to nullity.
He, however, urged the Supreme Court to dismiss the petition with substantial cost.
During Friday’s sitting, the Supreme Court headed by Chief Justice Hassan B. Jallow disclosed that the Supreme Court finds and ruled that the court has no jurisdiction to hear the Kuntaur Election petition and accordingly the petition was dismissed.