The Supreme Court of The Gambia has cleared the way for participation of diaspora Gambians in electoral process,a marked departure from legal reality under former president Yahya Jammeh.
The suit was filed by Gambians Pa Samba Jow,Bakary Bunja Darboe,Cherno Njie,Sidi Sanneh and Jegan Grey-Johnson who challenged the legality of sections of Elections Act 2015 which truncated the rights of Gambians abroad register and participate in elections.
Siding with the plaintiff,the supreme court articulated:
“Section 17(1)(e) of the Elections(Amendment)Act 2015 requiring all members of the executive of a political party to be resident in The Gambia is ultra vires section 41 and 60 of the constitution and therefore invalid,null and void and is thereby severed from the Elections Act”.
The court added that in lieu of prayers by the plaintiffs and pursuant to section 39 of the constitution, every Gambian including those residing outside the jurisdiction of The Gambia are entitled to register and vote in elections to the office of the president,National Assembly,local government,traditional rulers as well as referenda.
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