The Independent Electoral Commission (IEC) has rejected the appeal filed by aspiring National Assemby member Momodou Sabally based on Section 90 (1) (e) of the 1997 constitution.
It could be recalled that the Returning Officer for the Brikama Administrative Area rejected that application of UDP candidate for Busumbala Momodou Sabally as per Section 90 of Constirution of The Gambia which says thus:
“Disqualifications For Membership Of The National Assembly - Section 90 of the Constitution states that -
(1) No person is qualfied for election as a member of the National Assembly if he or she -
(a) Holds the citizenship or nationality of a country other than The Gambia;
(e) Has been by the report of a commission or committee of inquiry (the proceedings of which have been held and published in accordance with the relevant law) to be incompetent to hold public office by reason of having acquired assets unlawfully or defrauded the State or misused or abused his or her office, or wilfully acted in a manner pre-judicial to the interests of the State, and the findings have not been set aside on appeal or judicial review;…”
Momodou Sabally, a former Secretary General, Head of Presidential Affairs and Head of Civil Seevice was adversely mentioned in the Janneh Commission set up to probe the conducts of former President Yahya Jammeh. Mr Sabally went to court two years ago to clear his name. That court case is still pending.
