You thief have  denied the Gambians farmers  THE THREE MILLOIN YANKEE DOLLARS  remember that we all know it hunts you every time you look yourself in the mirrow that is if you have any self respect left.

Mbye Sey

Ebou Jallow <[log in to unmask]> wrote:
I believe the judge's decision is fair but her rationale is a complete departure from the original intent of Constitution. She is definitely misled by a perceived harm without any material evidence to substantiate the need to choose a lesser evil. In any chase those unregistered voters could have voted either way: APRC or NADD. At the end of the day those Gambians have been denied their fundamental rights to vote as enshrined in the Constitution. NADD's case was nothing but a frivolous lawsuit designed out of fear of some imagined wrong that has no legal basis. What matters is what the constitution says- that it empowers the IEC to update the voter registration where and when necessary- this should outweigh any ramblings about "room for abuse". No wonder the Judge found the arguments from both sides "enlightening and interesting"- Whatever Madame Judge



Ebou Jallow



_________________________



No Franchise for Unregistered Voters


Friday 30th September 2005



By Ousman Kargbo- The Point



All hell closed neat on Wednesday after High Court Judge MM Yamoah ruled in favour of the position of the National Alliance for Democracy and Development (NADD) that unregistered persons with voters’ cards ought not be allowed to vote in the 29 September by-elections.

Before her ruling on the matter, Judge Yamoah said she found the arguments for and against the right of franchise of unregistered voters between the Independent Electoral Commission and NADD “very enlightening and interesting.”

She said though she appreciated the argument of the IEC’s counsel, Emmanuel Fagbenle, that the Constitution of The Gambia empowers the IEC to update the voter registration where and when necessary, nevertheless, if unregistered persons with voters’ cards are allowed to vote in the by-elections, it would create a leeway for the electoral process to be abused. This, she went on, would violate the right of the applicants (NADD’s candidates) to contest in a genuine election as stipulated under Section 26 of the Constitution of The Gambia.

Judge Yamoah held, contrary to counsel Fagbenle’s submission, that even if an individual has an identity card and a voter’s card that tally with the individual’s particulars as recorded in the counterfoil, that person should not be allowed to vote, if not registered. She said such a situation could, if allowed to take place, lead to doubt as to the fairness and genuineness of the elections.

The Judge commended IEC for acknowledging their mistake, through their counsel, in the administrative and typographical aspects, and the omission of names from the voter register which they intended to correct by allowing unregistered persons with voters’ cards, to vote.

Judge Yamoah stated further that allowing unregistered voters to vote might taint the character of the elections, raise doubts over the election process and create a chaotic situation that could have unforeseen adverse consequences for the country. “IEC must perform its duty of ensuring genuine elections,” she affirmed.

The High Court judge, who expeditiously and expertly handled the whole matter for three days consecutively, finally ruled that the applicants’ (NADD) position to disenfranchise unregistered voters was valid and therefore granted.





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 Let modesty be the rule of  observance.

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