By: Nicholas Bass
The Supreme Court of The Gambia, presided over by Chief Justice Hassan B. Jallow in a panel of five Judges, has declared that the forceful reinstatement of Sainabou Martin Sonko, former Chief Executive Officer (CEO) of the Kanifing Municipal Council (KMC), was unlawful and violated the rights of Mayor Talib Ahmed Bensouda.
Mayor Bensouda filed a civil lawsuit on February 28, 2023, against the Minister of Lands, Regional Government and Religious Affairs (1st defendant), the Inspector General of Police (2nd defendant), and the Attorney General, seeking judicial declarations over what he described as an unlawful takeover of his office’s administrative functions.
Represented by lawyer Y. Senghore, the KMC mayor accused the defendants of using various means to vest administrative authority in Sonko, including allegedly forcing the mayor’s office to hand over documents, account mandates, official correspondence, and the general management of the council to her.
Mayor Bensouda argued that these actions were intended to forcibly reinstate Sonko after she was placed on administrative leave by the Council, actions he claimed were in direct violation of Section 193 of the Constitution.
In the ruling delivered by Justice C. S. Jallow, the Supreme Court held that the conduct of the Minister of Lands and the Inspector General of Police, specifically entering or directing others to enter the mayor’s premises to reinstate Sonko, was unconstitutional in the absence of any law and order situation.
Justice Jallow stated that the actions of the 1st and 2nd defendants contravened Mayor Bensouda’s constitutional right to operate with a high degree of autonomy as guaranteed under Section 193(1) of the Constitution. He further emphasized that the breaking into the office, as well as the physical installation of Sonko as CEO, violated this right.
The Court concluded that the defendants’ conduct compelling staff to transfer control of office functions, including documents and accounts, to Sonko defied the administrative autonomy granted to local government authorities.The ruling underscored that such matters, including relationships between the mayor and CEO or other staff, fall within the exclusive administrative domain of the local authority. Any limitations, Justice Jallow said, must be prescribed by an Act of the National Assembly pursuant to Sections 193(2), 193(3), and 194 of the Constitution.
The Supreme Court subsequently issued orders affirming the constitutional authority of the KMC and its right to self-governance in administrative matters.
