Bensouda arrived at the IEC headquarters on Saturday at 11am, accompanied by party officials and supporters, with just 30 minutes remaining before the nomination deadline. His submission now awaits the Commission’s decision on his eligibility to contest.
Speaking after the submission, his brother and lawyer, Aziz Bensouda, expressed confidence in their legal position despite the controversy surrounding the government’s White Paper on the findings of the Local Government Commission of Inquiry.
“We are comfortable and we are more than hopeful. The law is very clear,” he said.
Bensouda’s nomination comes amid an unresolved legal dispute over adverse findings made against him by the Commission during its investigation into the administration and financial management of local councils.
The government accepted the findings against the former Kanifing Municipal Council mayor and endorsed recommendations for further investigations, a forensic audit and other measures. The findings included concerns over expenditure authorizations, recruitment and procurement practices at the council.
Constitutional Eligibility Question
The findings have raised questions about Bensouda’s eligibility under Section 62(3)(c) of the 1997 Constitution, which disqualifies a person from contesting the presidency if, while holding public office, they have been found liable for misconduct, negligence, corruption or improper behavior by a commission or committee of inquiry established by law.
Bensouda has challenged the adverse finding at the Court of Appeal. In a letter issued by President Adama Barrow on November 5, the president confirmed that Bensouda filed a notice of appeal on June 24, 2026, contesting the finding communicated to him on May 12.
The appeal seeks to have the finding set aside. Bensouda argues that the Commission failed to identify the specific expenditure involved, establish the legal basis for its conclusion and provide adequate reasons for its determination.
In his response to concerns raised by UNITE, Barrow maintained that the Government White Paper is neither a court judgment nor a determination of anyone’s eligibility to contest the presidency.
He said the validity, scope and effect of the adverse finding are matters before the Court of Appeal, adding that determining presidential qualification falls within the IEC’s mandate, subject to the jurisdiction of the courts.
IEC Decision Awaited
During Saturday’s nomination proceedings, the IEC indicated that it had a response concerning Bensouda’s departure from the mayoral position. However, the response had not been read out at the time of reporting.
Bensouda announced his resignation as mayor with effect from November 6, ending eight years and five months in office. UNITE said the resignation was intended to satisfy the constitutional requirements for contesting the presidency.
The IEC’s decision on his nomination is now awaited, while the legal challenge to the adverse finding remains before the Court of Appeal.
The Commission’s determination and the eventual outcome of the appeal could prove decisive in determining whether Bensouda can proceed with his presidential bid.
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