Chief Justice, Emmanuel Fagbenle, said on Tuesday, “We can only hear this matter when we have a full bench of the Supreme Court.”
Recall thatJammeh's political party lodged a legal case on his behalf last month aimed at annulling the December 1 election result and triggering new elections.
The Gambia relies on foreign judges, notably from Nigeria, to staff its courts due to a lack of trained professionals in the tiny west African state.
The Nigerian judge said the extra judges needed to hear the case were not available.
Fagbenle added that he would prefer the country to resolve its political deadlock through the mediation underway by a group of West African leaders, who are attempting to persuade Jammeh to respect the constitution and step aside.
By ECOWAS deadline, Jammeh has up till 19 January to quit office to allow the swearing in of Adama Barrow on 20 January, as the new leader.
He said, “This is why alternative dispute resolution is important, we are now only left with the ECOWAS mediation initiative and the inter-party committee set up by government to resolve the dispute.”
The leaders from the ECOWAS regional grouping led by Nigerian President Muhammadu Buhari will return to The Gambia for the second time since the election tomorrow to attempt a diplomatic solution, but Nigeria's foreign minister has said the use of force remains an option.