44/90 Peoples' Democratic Organisation for
Independence and Socialism / Gambia
Summary of Facts
1. The complaint alleges that voter registration in the constituencies of Serrekunda West,
Serrekunda East and Bakau was defective because those registering were not required by
the law to give an address or identification. It argues that there was no control over voter
registration since no documents have to be shown to the registration officer. The voter may
be asked his name and citizenship, but there is no requirement to produce an address or
compound number. Furthermore, the witness is not required to identify himself. The
Complainant argued that the absence of a requirement to produce an address or compound
number makes it possible for the voter to forge his right to vote in the constituency, or to
vote several times.
2. In the rural areas the registration of the voters and the voting procedure itself are
controlled by the headman, the registration officer, representatives of different political
parties, and village elders. In the urban areas the control is only done by the registration
officer, who does not know the people. Without the street address or compound number it is
impossible for the registration officer to control the identity of the voter, even though they
must sign a form of registration and enclose a photograph, because the signature could be
forged and the lack of communication between different constituencies could make it
possible for the voter to register in several stations.
3. The Complainant argues that the registration by street address and compound number is
possible, since most urban areas in The Gambia have street address or compound number.
4. The Complainant argues that, based on its observations of voter registration, there is
widespread fraud.
According to the Government
5. The government argued firstly that the case was inadmissible because it could be taken
through the courts to the level of the (British) Privy Council.