SOME “FOREIGNERS” CAN LEGALLY VOTE ACCORDING TO ELECTIONS ACT!!

Editor Mbai,

Justice Mahoney Should Have Declared The 1996 Elections Act Unconstitutional!

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Briefly:-

  1. Attestation merely says you were born in The Gambia;
  2. Attestation does NOT say you are a Gambian citizen: just that you are born here;
  3. Yet the Election Act says you can use Attestation to get a Voter’s Card.
  4. So you could be a Senegalese born in Gambia aged 18 and you can vote according to the Election Act … because merely being born here & having Attestation Doc. gives you a Voter’s Card?

Only Citizens Can Vote 

Constitution of The Gambia 1997 provides that: “Every citizen of The Gambia being eighteen years or older and of sound mind shall have the right to vote for the purpose of elections of a President and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.”

Only These Two Documents Confirm One’s A Citizenship: 

(a) A Gambian passport;

(b) A National Identity Card (ID);

Attestation Does Not Confirm Citizenship! 

An Act of the National Assembly has to remain faithful to the Constitution, and Jammeh’s Attorney General knew this while crafting a law that contradicted the Constitution – because it allowed voting rights based onAttestation only (a document certified by the District Seyfo or an Alkalo of the village of birth of the applicant stating that the applicant was born in the district or village).

Justice Mahoney: 

A passport and national identity card (ID) confirm your citizenship”.

A birth certificate and attestation merely confirm your place of birth.

True My Lord, and it follows that your Lordship should have declared an Election Registration based ONLY on Attestationunconstitutional – because there will be voters whose citizenship will not have been confirmed.

And yes, that would mean that all the Election Registrations since 1996 – and the ensuing elections – would also be unconstitutional!

Editor Mbai and Gambians, why wait for a Luntango to tell you this?!

Dida Jallow-Halake,

Notting Hill, London.

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