The opposition United Democratic Party (UDP) has filed a new lawsuit challenging the Supreme Court decision on the December presidential election petition. 

Last month the Supreme Court threw out the party’s election petition against President Adama Barrow’s re-election for lacking merit. 

The party alleged voter fraud including the insertion of foreign voters in the electoral register. 

However the court dismissed the petition on a technical ground after the party lawyers failed to adhere to the electoral rules (Rule 11 of the Elections Petition Rules) regarding petition.

The Supreme Court is the country’s highest court and the verdict of the judges can not be overturned.

However the law allows for the court in certain circumstances to review its own verdict. 

The UDP is now requesting the court to review its earlier decision and make a decision whether to uphold or dismiss it. 

“The Court made a fundamental error in proceeding suo moto to strike out the Petition on an issue not founded on any prayer before it and without afford allowing the Petitioner specifically to address it on the issue before making a ruling,” Borry Touray, UDP’s legal representative said.

He continued: “The foregoing fundamental errors resulted in a miscarriage of justice as it deprived the Petitioner of its constitutional right, conferred by section 49, to challenge the elections, even though the Petitioner had already filed its evidence as ordered by the court. 

“It thereby also deprived the Petitioner of its fundamental rights to a fair hearing and by extension the political rights of its supporters conferred by sections 24 and 26 of the Constitution respectively.”

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