What remedies are available in the first instance?

The Gambia

The Gambia

Answer
  • Re-run the election
  • Partial annulment of results / Partial cancellation of elections
  • Correction of the results
Source

ELECTIONS DECREE, (DECREE 78 OF 1996)

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

 

PART I - PRELIMINARY

Application

3. (1) This Decree applies to the election of candidates for the officeof President, Member of the National Assembly, District Chief, Mayor orChairman of Municipal Council, Councilor, Village Head and such other officesas the Commission may, by Order published in the Gazette, designate.

 

“Court” means the Supreme Court established under the provisions of the Constitution;

[…]

100. (1) Every election petition shall be tried by the Chief Justice inopen Court.

[…]

(10) At the conclusion of the trial, the Court shall determine whetherthe person of whose return or election complaint is made, or any other and whatperson, was duly returned or elected, or whether the

election was void, and shall certify such determination to theCommission.

(11) Upon a certificate being given under subsection (10) by the ChiefJustice, (a) the determination shall be final and no appeal

shall lie there from; and (b) the election shall be confirmed, or a newelection held, as the case may require in accordance with such certificate.

103.(1) On a scrutiny at the trial of an election petition, thefollowing votes only shall be struck off:

(a) the vote of any person whose name was not on the register of votersassigned to the polling station at which the vote was recorded;

(b) the vote of any person whose vote was procured by bribery, treatingor undue influence;

[…]

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