A High Court judge in Banjul today (1April) dismissed Momodou Sabally’s case against the Independent Electoral Commission (IEC).

Justice Francis Achibonga of the High Court in Banjul Friday ruled that the IEC was right in rejecting the nomination of Momodou Sabally.

He relied on section 90(1)(e) of the 1997 Constitution to rule that Sabally’s case against the election body lacked merit.

He said the Independent Electoral Commission’s returning officer rightly relied on the said provision of the Constitution in rejecting Sabally’s nomination. 

Justice Achibonga explained that the grounds set out in section 90 of the Constitution are that “a person is not qualified to contest as a candidate for the National Assembly elections,” adding that “if a Commission of Inquiry finds the person to have acquired assets unlawfully, defrauded the State, misuse or abuse his or her office, or willfully acted in a way prejudicial to the public interest.”

 He highligted points of transactions in which he said Sabally made cash withdrawal of over one million Dollar from the National Youth Development Fund and International Gateway Account. 

He ruled that there was a Commission of Inquiry set up under law to investigate the financial dealings and connected matters of former president Yahya Jammeh and his closed associates which specific findings are against Momodou Sabally.

The judge said a cash of that magnitude is an asset to the State and such an act was detrimental to the State and it was a conduct prejudicial to the public interest.

Mr Sabally had his nomination rejected by the Independent Electoral Commission’s returning officer on 10 March 2022 who relied on Section 90(1)(e) of the 1997 Constitution.

But Sabally, a parliamentary aspirant for the opposition United Democratic Party,

filed a legal action against the election body asking the court dismissed his rejection and allow him to contest the upcoming parliamentary elections.

Mr Sabally told reporters outside the court that that he accepted the judge’s decision. 

He said: “The judge has decided this case based on the facts before him and I Momodou Sabally, I respect his decision and I urge all my supporters to respect his decision. 

“Does that mean we are going to give up on the fight for my rights that have been trampled upon by the Barrow administration? 

“Does that mean I am going to give up on the fight for the discrimination and oppression that’s meted against me? No. But I want to do it legally and through the democratic channels that are made available by the constitution and laws of this Gambia. I will never give up on that.”

Reporting by Adama Makasuba