Revising Court dismisses objection of an objector in judgement
Principal Magistrate Isatou Sallah-M’Bai of the Revising Court at Kanifing, in a judgment, has dismissed the objection of one Binta Nyabally against the registration of one Mariama Jallow. She ordered that the name of Mariama Jallow shall be retained on the register of voters in the relevant constituency. She further ordered that the appropriate entry shall be made in the voters’ list in accordance with section 28 (6) of the Elections Act, 2025. In her judgement, she stated that the objector principally challenged the eligibility of the objectee on the grounds that she is not a citizen of The Gambia. She added that the objection was read and interpreted to the parties in a language understood by them. The objectee denied the allegation and maintained that she is a Gambian citizen. She said that in support of her objection, the objector testified as PW1 and called one additional witness, Baba Sonko (PW2). The objectee testified in her defence as DW1. The objector testified that she resides at Bakoteh and has lived there for 26 years. She is a businesswoman and has been politically active. She told the court that she has served as a polling agent at Bakoteh and at Bakoteh Borehole since 2011. Her evidence was that she knows many persons at Bakoteh Borehole because she belongs to a ‘Kafo’, an association established in 2016 whose members participate in social activities and assist in cooking during ceremonies. The objector stated that the objectee was registered at Bakoteh Borehole. She objected to the registration because she believed that the objectee was not Gambian. She adduced that she was present when the objectee came to register and saw her present birth certificate, following which the IEC issued her with a voter’s card. When she raised her concerns, IEC officials informed her that if she was dissatisfied with the registration, she could pursue an objection before the court. She questioned the birth certificate because, in her view, it was an old birth certificate and not the newly recognized form of birth certificate. Under cross-examination, she made several significant concessions, accepting that she was not born at Bakoteh but at Dippakunda. She admitted that the objection was based upon suspicion. At this juncture, the presiding magistrate summarised the evidence of the objector’s witness, who accepted that he could not determine whether the birth certificate was legally valid or authentic. Mariama Jallow, the objectee, in her evidence, stated that she is a Gambian citizen and that both her parents are Gambian. She told the court that she was born at London Corner on 22 August 2000. According to her, her father was born at Basse, Angal Futa, while her mother was from Karantaba. She said that her parents were selling at London Corner at the time of her birth, which explained why she was born there. She added that her mother possesses a Gambian Identity Card. She further testified that at the time of registration, she was residing with her husband at Bakoteh. “I attended the registration centre and produced my birth certificate. I presented it to the IEC officials and encountered no difficulty. They did not reject the document and issued me with a voter’s card,” she told the court. At this juncture, the counsel for the objector, under cross-examination, tried to discredit and contradict her but she was not shaken. She stood her ground. The presiding magistrate, having gone through the pieces of evidence, some laws and authorities, declared: “I have carefully considered the evidence of both PW1 and PW2. The difficulty confronting the objector is that neither witness gave direct evidence establishing that the objectee is a foreign national. The objector did not testify that she knew the objectee to be a citizen of another country. On the contrary, she expressly acknowledged that her objection was based on suspicion. She relied principally on the fact that she had not previously seen the objectee vote or register, her assessment of the age and form of the birth certificate presented by the objectee, and her general knowledge of persons living at Bakoteh Borehole.” She further said there is no legal requirement that a Gambian citizen must previously have voted before becoming entitled to register. Similarly, she added, the fact that the objector did not know the objectee personally or had not previously seen her in the area could not establish foreign nationality. “The objector herself accepted that Bakoteh had expanded and that there were persons residing there whom she did not know. She further accepted that she could not determine whether such persons were Gambian or non-Gambian,” she adduced.
Black News 
Principal Magistrate Isatou Sallah-M’Bai of the Revising Court at Kanifing, in a judgment, has dismissed the objection of one Binta Nyabally against the registration of one Mariama Jallow.
She ordered that the name of Mariama Jallow shall be retained on the register of voters in the relevant constituency. She further ordered that the appropriate entry shall be made in the voters’ list in accordance with section 28 (6) of the Elections Act, 2025.
In her judgement, she stated that the objector principally challenged the eligibility of the objectee on the grounds that she is not a citizen of The Gambia. She added that the objection was read and interpreted to the parties in a language understood by them. The objectee denied the allegation and maintained that she is a Gambian citizen. She said that in support of her objection, the objector testified as PW1 and called one additional witness, Baba Sonko (PW2). The objectee testified in her defence as DW1.
The objector testified that she resides at Bakoteh and has lived there for 26 years. She is a businesswoman and has been politically active. She told the court that she has served as a polling agent at Bakoteh and at Bakoteh Borehole since 2011. Her evidence was that she knows many persons at Bakoteh Borehole because she belongs to a ‘Kafo’, an association established in 2016 whose members participate in social activities and assist in cooking during ceremonies.
The objector stated that the objectee was registered at Bakoteh Borehole. She objected to the registration because she believed that the objectee was not Gambian. She adduced that she was present when the objectee came to register and saw her present birth certificate, following which the IEC issued her with a voter’s card. When she raised her concerns, IEC officials informed her that if she was dissatisfied with the registration, she could pursue an objection before the court. She questioned the birth certificate because, in her view, it was an old birth certificate and not the newly recognized form of birth certificate.
Under cross-examination, she made several significant concessions, accepting that she was not born at Bakoteh but at Dippakunda. She admitted that the objection was based upon suspicion.
At this juncture, the presiding magistrate summarised the evidence of the objector’s witness, who accepted that he could not determine whether the birth certificate was legally valid or authentic.
Mariama Jallow, the objectee, in her evidence, stated that she is a Gambian citizen and that both her parents are Gambian. She told the court that she was born at London Corner on 22 August 2000. According to her, her father was born at Basse, Angal Futa, while her mother was from Karantaba. She said that her parents were selling at London Corner at the time of her birth, which explained why she was born there. She added that her mother possesses a Gambian Identity Card. She further testified that at the time of registration, she was residing with her husband at Bakoteh. “I attended the registration centre and produced my birth certificate. I presented it to the IEC officials and encountered no difficulty. They did not reject the document and issued me with a voter’s card,” she told the court.
At this juncture, the counsel for the objector, under cross-examination, tried to discredit and contradict her but she was not shaken. She stood her ground.
The presiding magistrate, having gone through the pieces of evidence, some laws and authorities, declared: “I have carefully considered the evidence of both PW1 and PW2. The difficulty confronting the objector is that neither witness gave direct evidence establishing that the objectee is a foreign national. The objector did not testify that she knew the objectee to be a citizen of another country. On the contrary, she expressly acknowledged that her objection was based on suspicion. She relied principally on the fact that she had not previously seen the objectee vote or register, her assessment of the age and form of the birth certificate presented by the objectee, and her general knowledge of persons living at Bakoteh Borehole.”
She further said there is no legal requirement that a Gambian citizen must previously have voted before becoming entitled to register. Similarly, she added, the fact that the objector did not know the objectee personally or had not previously seen her in the area could not establish foreign nationality. “The objector herself accepted that Bakoteh had expanded and that there were persons residing there whom she did not know. She further accepted that she could not determine whether such persons were Gambian or non-Gambian,” she adduced.
