IS PRESIDENT JAMMEH’S INVALIDATION OF THE ELECTION RESULTS LAWFUL AND WILL THERE BE FRESH ELECTIONS?

President Jammeh contested the Presidential Elections as a private citizen representing a political party. He is equal to the other contenders and has no right to declare election results invalid and call for fresh elections.Section 49 of the Constitution indicates how results of Elections could be challenged. It states “Any registered political party which has participated in the Presidential election may apply to the Supreme Court to determine the validity of the election of a President by filing a petition within ten days of the declaration of the result of the election.”

Section 127 subsection (1)(c) adds:
“The Supreme Court shall have an exclusive original jurisdiction on any question as to whether or not any person was validly elected to the office of President or was validly elected to, or vacated his or her seat in, the National Assembly”

Section 97 of the Elections Act adds: “No election and no return to an elective office shall be questioned in any proceedings except by an election petition…….’’
It is therefore clear that issuing press statements or holding marches will not reverse the results of Elections.