In a recent judgment, Principal Magistrate Isatou Sallah-M’Bai of the Revising Court at Kanifing ruled that Mariama Jallow's name shall be retained on the register of voters in the relevant constituency. The court heard an objection from Binta Nyabally, who claimed Jallow was not a Gambian citizen. The objection was based on Nyabally's suspicion and her assessment of Jallow's birth certificate.
The objector, Binta Nyabally, testified that she resides at Bakoteh and has lived there for 26 years. She claimed to have known many persons at Bakoteh Borehole due to her involvement in social activities and her membership in a 'Kafo' association. Nyabally stated that she objected to Jallow's registration because she believed Jallow was not Gambian, citing an old birth certificate as evidence.
The objectee, Mariama Jallow, testified that she is a Gambian citizen, born on August 22, 2000, at London Corner. She stated that both her parents are Gambian and that her mother possesses a Gambian Identity Card. Jallow said she attended the registration centre, produced her birth certificate, and was issued with a voter’s card without any difficulty.
Under cross-examination, Nyabally made significant concessions, accepting that she was not born at Bakoteh but at Dippakunda and that her objection was based on suspicion. The presiding magistrate summarized the evidence and noted that neither of the objector's witnesses gave direct evidence establishing that Jallow is a foreign national.
The magistrate declared that there is no legal requirement for a Gambian citizen to have previously voted before becoming entitled to register. She also noted that the objector's lack of personal knowledge of Jallow could not establish foreign nationality. The court ordered that Jallow's name be retained on the voters' list in accordance with section 28 (6) of the Elections Act, 2025.
The judgment was delivered after careful consideration of the evidence, laws, and authorities. The court found that the objector failed to provide sufficient evidence to support her claim that Jallow is not a Gambian citizen. As a result, Jallow's voter registration was upheld.
The case highlights the importance of evidence-based objections in the voter registration process. The court's decision emphasizes that objections must be grounded in fact and not based on suspicion or hearsay. The judgment also underscores the rights of Gambian citizens to participate in the electoral process.
Key points
- The Gambia's Revising Court has dismissed an objection to the voter registration of Mariama Jallow, citing lack of evidence that she is not a citizen.
- The objector's claim was based on suspicion and an old birth certificate, which was deemed insufficient by the court.
- The judgment emphasizes the importance of evidence-based objections in the voter registration process.
