Africa-Press – Gambia. The Supreme Court of The Gambia on Wednesday dismissed an application by Modou Ceesay, former Auditor General, seeking to formally add Cherno Amadou Sowe as a third defendant in his constitutional suit against the Ministry of Justice and the Inspector General of Police.
A five-member panel led by Chief Justice Hassan B. Jallow heard a series of motions in the case, in which Mr. Ceesay is challenging actions by state authorities and Mr. Sowe. Mr. Ceesay was represented by a legal team headed by L. J. Darboe, joined by I. K. Jallow Suwareh, J. Jeng, and Fatou Bondi. The state was represented by Solicitor General H. Thomasi and a team of government lawyers.
The court first took up Mr. Darboe’s request to add Mr. Sowe as a defendant and to amend both the writ of summons and the statement of case. Senior state counsel Ida Drammeh opposed the motion, arguing that the application was unnecessary because the court had already added Mr. Sowe to the suit on its own initiative.
Ms. Drammeh also pointed to a discrepancy between the amendments proposed in the writ and those in the statement of claim, noting that the motion omitted a request to restrain Mr. Sowe in his capacity as auditor. She urged the court to dismiss the application.
Mr. Darboe acknowledged what he described as a “technical error” and asked the justices to allow the amendments in the interest of “substantial justice.”
Chief Justice Jallow rejected that request, finding the application redundant given the court’s earlier order adding Mr. Sowe to the case. He also cited the inconsistency highlighted by Ms. Drammeh and ruled that the prayers sought “were not capable of being granted.” After a brief consultation on the bench, the court dismissed the motion but granted Mr. Ceesay’s lawyers leave to file a fresh application by Dec. 5.
Immediately after the ruling, Ms. Drammeh filed a preliminary objection challenging the Supreme Court’s jurisdiction to hear the suit. The court directed her to file supporting arguments by Friday, and instructed Mr. Darboe to submit a reply by Dec. 8.
Chief Justice Jallow also informed the parties that several civil society groups had filed an application seeking leave to submit an amicus curiae brief. He ordered the organizations and their counsel to appear to move the application.
The matter was adjourned to Dec. 9, when the court is expected to hear the state’s preliminary objection, the civil society motion, and any revised application Mr. Ceesay may file.
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