5. The Defendant on the other hand filed its defense via an Application for
extension of time on the 2nd of November 2016, which was granted.
The Defendant denied each and every material allegation of fact set out in the
Plaintiffs Application and states that the Elections Amendment Act applies
generally to all Political Parties without discrimination.
The Defendant in denying the Plaintiffs allegation on failure to subject the
proposed amendment to public debate or scrutiny, states that the amendment was
initiated based on a proposal made by the Independent Electoral Commission of
the Gambia. That the Electoral Amendment Bill was published in the Gazette on
1st June 2015, and then introduced in the National Assembly on the 7 th of July
2015 in accordance with the requirements of section 101 (3) of the Constitution
of the Gambia. That the Electoral Amendment Act 2015 has been operational for
more than one year unchallenged by the Plaintiffs.
The Defendant states that the explanatory memorandum delivered to the National
Assembly complied with the requirements of section 101(2) of the Constitution
of the Gambia.
The Defendant denies the allegation of using government administrative
buildings and resources to fund the ruling party and further states that the
activities, facilities and logistics needs of all the Political Parties in the Gambia,
including the APRC are funded from the resources of the Political Parties and not
from State Resources.
6