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Assuming Ultra Vires Powers: The Independent Electoral Commission And The Mayor Of Banjul

Assuming Ultra Vires Powers: The Independent Electoral Commission And The Mayor Of Banjul

The process of acquiring an attestation for voter registration is defined by law: the attestation is issued by the Independent Electoral Commission (IEC) but must be stamped and validated by the Alkalo or Sefoe (community leaders), attesting that the individual is indeed a born citizen of the community where he or she seeks to be attested.

However, the issuance of attestations in Banjul became subjected to serious misinterpretation. The provision in the Elections Act did not expressly mention or vest in the Mayor the authority to issue attestations in the city of Banjul for election purposes. In violation of the Elections Act 2010, the Independent Electoral Commission acted beyond the powers conferred on them (ultra vires) by giving authority to the Mayor of Banjul to issue attestations to constituents born in the city.

On June 23, 2021, Gambia Participates mounted a legal battle before the High Court in Banjul challenging the IEC’s action to confer this authority, arguing that it violated the electoral laws.

High Court Judgement

The High Court, in its sound reasoning, declared the following:

  • That the actions of the Mayor of Banjul in issuing attestations to constituents of the city of Banjul in the ongoing IEC general registration of voter’s process are in contravention with Section 12 (2) (e) of the Elections Act.

  • A declaration that the actions of the Independent Electoral Commission (IEC) in conferring the power to the office of the Mayor of Banjul to administer attestation forms generated by the IEC for the purpose of claiming voter cards in the city of Banjul are a contravention of Section 12 (2) (e) of the Elections Act.

  • An order quashing the decision of the IEC to bestow upon the Mayor of Banjul the powers and authority to issue attestations to the constituents of the city of Banjul.

  • An order setting aside all attestation forms endorsed and issued by the Mayor of Banjul for which voter cards were issued by the IEC.

  • An order striking out and/or cancelling all voter cards issued by the IEC that were supported by attestation forms issued and/or endorsed by the Mayor of Banjul.

The judgment of the court reaffirms the independence of the Judiciary free from external influence and again confirms trust and confidence of the citizenry in the justice system of the country.