Last instance body dealing with electoral disputes

The Gambia

The Gambia

Answer
  • EMB (highest level)
  • Court of general jurisdiction (including Supreme Court)
Source

ELECTIONS DECREE, (DECREE 78 OF 1996)

http://www.iec.gm/files/images/Elections_Decree_78_of_1996.pdf

PART IV – NOMINATION OF CANDIDATES

Objections to nominations

[…]

(4) The Returning Officer shall with the least possible delay, decide onthe validity of an objection and inform the candidate concerned of his decisionin accordance with section 46 or 47.

(5) The decision of a Returning Officer on nomination paper or anyobjection may be appealed against in writing presented to the Commission withintwo days of the decision, and the decision of the Commission, on such appealshall be final and shall not be called into question in any court of law.

(6) Nothing contained in this Part with respect to limitation of time orotherwise shall affect a decision of the Commission whether to accept or rejecta nomination paper.

(7) The Commission shall communicate its decision to the appropriateReturning Officer who shall act promptly on such decision.

Part VIII

PART VIII REGISTRATION AND CONDUCT OF POLITICALPARTIES

109. (1) A political party which is aggrieved bya decision of the Commission to deny it registration or to de-register it may,within fourteen days of such denial or de-registration, appeal to the Court.

(2) The decision of the Court may be appealedagainst to the Court of Appeal whose decision shall be final.

Comment

The last instance body is Commission in the caseof appeals related to nomination papers, and Court of Appeal in the case ofappeals related to political party registration.

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