Africa-Press – Gambia. In a landmark ruling, the Supreme Court yesterday declared that the Minister for Lands and Regional Government and the Inspector General of police violated the Constitution of the Gambia by their actions in entering or causing their officials to enter Kanifing Municipal Council premises to forcibly reinstate Sainabou Martin Sonko as Chief Executive Officer.
The ruling is in reaction to the KMC’s suit filed against the minister, The Inspector General of Police and the Attorney General in February, 2023, seeking the court to invoke its original jurisdiction to grant certain reliefs.
In the judgment delivered by Justice Cherno S Jallow, the court declared that the actions of the minister and IGP contravened KMC’s right to function with a high degree of autonomy in accordance with section 193(1) of the constitution.
The court further declared that the actions of the minister to vest power and autonomy in Sainabou Martin Sonko and forcing the staff of KMC to hand over the functions and responsibilities of the office of the Chief Executive Officer, including documents, accounts, official correspondence and general management of KMC to Sainabou Martin Sonko for the purposes of forcibly enabling her to resume office as CEO of KMC after she was sent on administrative leave by KMC, contravened KMC’s right to function with a high degree of autonomy.
The court further declared that KMC is a local government authority that functions with a high degree of autonomy as provided for in the constitution and that matters relating to its internal administration, including its working relationship with the CEO and other staff, are matters for KMC, subject to any limitations prescribed by an act of the National Assembly pursuant to section 193(2) and (3) and 194 of the constitution.
Key points:
Unauthorised entry: The court declared that the Ministry of Lands and Police violated the Constitution by forcibly entering KMC premises to install Sainabou Martin Sonko as CEO.
Illegal Office break-in: The court found that the Ministry and Police acted unlawfully by breaking into offices at KMC to forcibly install Sainabou Martin Sonko, violating constitutional protections.
Unlawful police presence: Sending armed police officers into KMC premises to enforce the installation of Sainabou Martin Sonko as CEO was declared unconstitutional.
Unauthorised transfer of power: The court ruled that attempts by the Ministry and Police to force KMC management to hand over control, documents, and authority to Sainabou Martin Sonko, who was on administrative leave, violated constitutional provisions.
Municipal autonomy: The judgement reinforced that KMC has a high degree of autonomy. Decisions about its internal management and staff appointments, including the CEO, are beyond the authority of the Ministry of Lands and Police.
Additionally, the court emphasised that withholding official correspondence intended for the Local Government Service Commission by the Permanent Secretary constitutes an unlawful interference with the Commission’s independence.
The KMC was represented by Lawyer Yassin Senghore.
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