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Subject:
From:
Ebou Jallow <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Sun, 14 Aug 2005 22:42:01 -0700
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text/plain
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Mr. Darbo,

I shall not blame you for confusing the issues fundamental to NADD's existence because obviously NADD has not done a good job elucidating the implications of the Supreme Court decision to the public. Here are the basic facts:

1.  NADD was registered a political party by the IEC.
2.  IEC made a public notice of NADD's registration as a political party.
3.  NADD never contested the notice up until the Supreme Court litigation.
4.  The Supreme Court ruled that NADD is a political party, and upheld the NA clerk's decision.

Now despite all the semantic spinning about NADD's existence as a "political entity", "alliance" or "party of parties" only one fundamental fact is constant:  That NADD has a legal name status-function of a political party,  the only entity recognized by the Gambian Constitution and registered by the IEC.  This has considerable implications to NADD despite the recent tortured statements made by Halifa which attempted to make a distinction between the NADD signatories and its constituent parties.  NADD submitted an MOU to the IEC for registration instead of a legally required constitution which codifies a merger in law.  This fact might also give Yaya Jammeh sufficient legal grounds to declare NADD a fraud, and cancel its registration.  Second, according to the electoral Rules of Conduct "when a political party in a merger is subsumed within a new political party, each political party subsumed (a) forfeits its status of being a registered political party; (b) cannot present candidates
 for election."  Consequently, as we speak PDOIS, NDAM, NRP and UDP are no longer recognized political parties in law.  Even the constitution of the former UDP (and I belief NRP too) explicitly prohibits its members from belonging to another party.

NADD is already unhinged, its legitimacy an impending issue, and it lacks any legal or political bearing whatsoever.  It has no constitution nor manifesto the two vital prerequisites necessary to contest any elections...

And it is going to get worst for them after the by-elections...

Good luck.

Ebou









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