Africa-Press – Gambia. The Supreme Court of The Gambia on Tuesday commenced proceedings in the constitutional case filed by former Auditor General Modou Ceesay against the Gambian government. The matter came up for preliminary mention before Chief Justice Hassan B. Jallow, sitting as a single judge.
The hearing featured strong legal representation from both parties. The State was represented by Solicitor General Hussain Thomasi, assisted by Deputy Director of Civil Litigation Okeke, Principal State Counsel Wakawa, Senior State Counsel S. L. Jobarteh, State Counsel Mariama Ngum, and State Counsel F. Touray. Appearing for the plaintiff, Modou Ceesay, were Counsel Lamin J. Darbo, Jarra Jeng, and Fatoumatta Bondi.
Following the initial mention, Chief Justice Jallow issued directives to guide the next stages of the proceedings. The defendants, namely Attorney General Dawda A. Jallow and Inspector General of Police Seedy Mutarr Touray, were given 21 days from the date of mention to file their response to the claim. Counsel Darbo, representing the plaintiff, was granted 7 days thereafter to file a rejoinder, if necessary.
The matter is expected to proceed to substantive hearing during the Supreme Court’s session scheduled between December 1 and December 12, 2025.
The case arises from Mr. Ceesay’s claim that his removal from office as Auditor General was unlawful and unconstitutional. He alleges that he was forcibly ejected from his office at the National Audit Office (NAO) by officers of the Gambia Police Force, acting on the instructions of the Attorney General and the Inspector General of Police.
In his “Writ to Invoke Original Jurisdiction”, Ceesay names Attorney General Dawda A. Jallow as the 1st Defendant and Inspector General of Police Seedy Mutarr Touray as the 2nd Defendant. He contends that their actions breached several provisions of the 1997 Constitution, particularly Sections 158, 159, 160, and 169, which safeguard the independence and security of tenure of constitutional office holders.
Ceesay further argues that the defendants’ conduct contravened the National Audit Office Act, 2015, citing violations of Sections 3(2), 11, 13, 14, and 16.
The former Auditor General seeks several declarations and remedies, including:
A declaration that his removal by police officers, allegedly directed by the defendants, violated the 1997 Constitution.
A declaration that the defendants’ actions contravened specific provisions of the National Audit Office Act, 2015.
A declaration that his removal from the constitutional office of Auditor General was unlawful, null, and void.
He also seeks any further relief the Supreme Court may deem just and appropriate.
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