Election disputes in The Gambia are governed by law to safeguard transparency, fairness, and the democratic rights of citizens. The Election Act 2025 provides a clear legal framework for challenging elections, setting out who can file a petition, how disputes are heard, and the strict timelines that must be followed to ensure timely resolution.

This explainer outlines how election petitions are handled in the country. It comes at a critical moment, as The Gambia heads toward a presidential election just 11 months away—an election widely expected to be highly contested, with significant implications for the country’s democratic trajectory.

Legal Pathway

Under the Election Act 2025, an election can be challenged only through an election petition. Such petitions must be filed within ten days of the declaration of results. Those eligible to file include candidates who participated in the election, registered political parties, and individuals who claim they had the right to be elected.

At the time of filing, petitioners are required to provide security for costs, covering expenses for witnesses and respondents. Failure to provide this security prevents the petition from proceeding, ensuring that only serious claims enter the legal process.

The Act allows petitioners to seek a range of remedies. A court may declare the election void, rule that the return of an elected person was undue, determine that a candidate was duly elected and should have been returned, or order a scrutiny of votes to establish whether an unsuccessful candidate actually received a majority of valid votes.

Trial Process

Election petitions are tried in different courts depending on the office in question. The Supreme Court handles presidential election petitions, while the High Court hears petitions for all other elective offices.

During trials, courts may open ballot drums, inspect ballots, voter registers, and other election materials, and examine rejected ballot tokens and voter cards. While conducting these inspections, courts must ensure that voter secrecy is maintained. Witnesses are required to answer questions truthfully but are protected from prosecution for anything except perjury.

Due Process and Timelines

The Election Act 2025 emphasizes strict timelines. Petitions must be filed promptly, and courts handle them expeditiously to prevent delays in confirming election outcomes or rerunning elections.

Election trials follow procedures similar to civil trials, with subpoenas, sworn witnesses, and adherence to procedural rules. At the conclusion, the court issues a certificate declaring whether the election was valid or whether a new election is required. This decision is final and not subject to appeal, providing certainty in the electoral process.

Addressing Corrupt or Illegal Practices

If a court finds evidence of corrupt or illegal practices during the trial, it reports the matter to the Independent Electoral Commission (IEC). Individuals or political parties found guilty may be removed from voter registers, and parties may face deregistration or other disciplinary measures. These actions are published in the Gazette, ensuring transparency and accountability.

Votes can be invalidated if a voter was not registered at the polling station, if votes were obtained through bribery or undue influence, if personation or multiple voting occurred, or if the voter or candidate was legally disqualified. Conversely, votes that were wrongly invalidated can be added to the poll during proper scrutiny, ensuring that all valid votes are counted.

Reference to Past Election Petitions

Historical cases illustrate how these legal mechanisms are applied. In 2016, former President Yahya Jammeh filed a petition challenging the December election results, seeking nullification and a new vote using an updated voter list

In 2021, the United Democratic Party (UDP) filed a petition against President-Elect Adama Barrow and the IEC, alleging irregularities during the December 4 presidential election.

These cases show that election disputes in The Gambia are resolved through formal legal processes, highlighting the importance of due process, statutory timelines, and adherence to the law.

Conclusion

Election disputes in The Gambia must follow the procedures outlined in the Election Act 2025. Strict timelines ensure prompt resolution, while courts handle disputes impartially, protecting voter secrecy and ensuring accountability.

Past petitions demonstrate the system’s role in maintaining electoral integrity and addressing claims of irregularities.