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APRC Files Petition at Supreme Court

 

The Chairman
Independent Electoral Commission
Election House
Bertil Harding Highway
Kanifing

You have neither given any reason for the fact that about 360 thousand plus registered voters did not vote, nor explain how those with valid voters cards found their voters card number not tallying with the one in the voters registers at the polling stations where they were supposed to vote (cast their votes) even though both the voters cards and voter registers were prepared by the same IEC.
As a result, we hereby reject the results and demand for fresh elections to be conducted after revalidation of the voter master register.

Thank you

Hon. Bala Garba Jahumpa
APRC General Secretary

************************************************

APRC Bala Garba Jahumpa

In the Supreme Court of the Gambia
Election Petition No: SC 005/2016

ELECTIONS ACT CAP 3.01

Election for President of The Gambia held on the 1st day of December 2016.
BETWEEN
ALLIANCE FOR PATRIOTIC RE-ORIENTATION
AND CONSTURCTION (A.P.R.C.)………PETTIONER
AND
INDEPENDENT ELECTORAL COMMISSION………….1ST RESPONDENT
ATTORNEY-GENERAL OF THE GAMBIA………………2ND RESPONDENT

ELECTION PETITION

The Petition of Alliance for Patriotic Re-Orientation and Construction (APRC) of 42 Kanifing South KMC The Gambia (hereinafter called “the Petitioner”) whose name is subscribed.
1. Your Petitioner Alliance for Patriotic Re-Orientation and Construction (APRC) is a political party registered under the Elections Act Cap 3.01 of the laws of The Gambia and the sponsor of Yahya AJJ Jammeh Sheikh Professor Alhaji Dr. for the position of President at the above election.
2. And your Petitioner claims that the election was held on the 1st day of December 2016 when Adama Barrow, Mamma Kandeh and Yahya AJJ Jammeh Sheikh Professor Alhaji Dr. were candidates and the Returning Officer has returned Adama Barrow as being duly elected.
3. And your Petitioner states that the 1st Respondent which is the statutory body responsible for the proper conduct of elections in The Gambia: failed to properly collate the results of the said election.
4. (a) After the closing of voting in the said Election, the 1st Respondent issued different results for the election on the 2nd December and then on the 5th December 2016. The different results were duly certified by the 1st Respondent which claimed to act under the Elections Act after admitting that there were irregularities in the counting process.
(b) There was a difference in the two sets of results that were certified by the First Respondent, as follows;
2nd December 2016
(1) Adama Barrow 263,515 votes
(2) Yahya Jammeh 212,099 votes
(3) Mamma Kandeh 102, 969 votes
The 1st Respondent, IEC declared having noticed these errors, the following differences were officially declared i.e. 35,807 for Adama Barrow, 3613 for Yahya Jammeh and 13,201 for Mamma Kandeh.
5th December 2016.
The IEC issued a press release with an attached DECLARATION OF RESULTS. No representative of the Petitioner was present when the said revision was made. Neither was it signed by the Petitioner’s representative be, Hon. Seedy S.K. Njie.
(c) On the 12th day of December 2016, as a consequence of the above complaints: the Hon. Balla Garba Jahumpa, APRC General Secretary addressed a letter of protest to the Independent Electoral Commission (IEC) the 1st Respondent.
(d) On Polling Day, i.e. 1st December 2016, in the Upper River Region: a significant number of the Petitioner’s supporters were prevented from voting through the intimidation of 1st Respondent Returning Officers who also turned them away and asked them to go home. A report by one Amadou Manneh; APRC Regional Secretary General, Upper River Region, was compiled on the 3rd December 2016 and sent to the Petitioner’s Political Bureau.
(e) Some irregularities in the conduct of voting in certain polling stations in Lower Fulladu West District-Central River Region. A report pertaining to the said irregularities was sent to the Petitioner’s Bureau and signed by the Deputy Governor CRR; Alh. Malang Saibo Camara. AG, Director NIA; Alh. Omar Mambureh. Lower Fulladu West District; Seyfo Momodou Lamin Baldeh.

Wherefore the petition prays
(1) That it is determined that the said Adama Barrow was not duly elected or returned as President, and that the said election was void. That the said Yahya AJJ Jammeh Sheikh Professor Alhaji Dr. was duly elected President by virtue of the actual votes, and therefore ought to have been returned as the duly elected President.
(2) That the election of the 1st December 2016 was invalid by reason of; (a) non-compliance with the Elections Act, (b) that it was not conducted fairly or in good faith, and (c) that the non compliance mentioned in this petition: seriously affected the credibility of the result of the said Presidential elections and necessarily render them invalid.

DATED THIS 13TH DAY OF DECEMBER 2016
PETITIONER………………
ALLIANCE FOR PATRIOTIC RE-ORIENTATION AND CONSTRUCTION (A.P.R.C)

IN THE SUPREME COURT OF THE GAMBIA
Election Petition No:
ELECTIOS ACT CAP 3.01
Election for President of The Gambia held on the 1st day of December 2016.
BETWEEN
ALLIANCE FOR PATRIOTIC RE-ORIENTATION
AND CONSTRUCTION (APRC)……………….PETITIONER
AND
INDEPENDENT ELECTORAL COMMISSION………..1ST RESPONDENT
ATTORNEY-GENERAL OF THE GAMBIA……………2ND RESPONDENT

VERIFYING AFFIDAVIT

I Hon. Bala Garba Jahumpa of 42 Kanifing South, KMC, The Gambia; General Secretary of the Alliance for Patriotic Re-Orientation and Construction (APRC), Politician and Minister of State make Oath and state follows:
(1) I am the General Secretary of the Alliance for Patriotic Re-Orientation and Construction (APRC), the Petitioner herein and I am authorized to depose to this affidavit on its behalf.
(2) I verify that the contents of the Election Petition filed by Alliance for Patriotic Re-Orientation and Construction (APRC); the Petitioner herein are true to the best of my knowledge, information, and belief.
(3) Now produced and shown to me and marked 1,2,3 and 4 respectively are copies of the documents signed and issued by the Returning Officer on the 2nd December 2016 and the 5th December 2016 respectively. The 1st Respondent admitted that there were errors in the results that had been declared.
(4) Now produced and shown to me, and marked 5 and 6 respectively: are copies of the letter I wrote to the 1st Respondent on the 5th December 2016 and the response of the 1st Respondent.
(5) I make these statements to the best of my knowledge, information and belief.

SWORN BY THE SAID
Hon. Bala Garba Jahumpa
This day 13 of December 2016
In Banjul, Republic of The Gambia
BEFORE ME……………..DEPONENT ………………..
A COMMISSIONER FOR OATHS

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