Gambiaj.com – (BRIKAMA, The Gambia) — In a significant legal ruling today, Justice Mohammed Lekan Owolabi of the Brikama High Court decided against the Brikama Area Council in its case against the Governor of West Coast Region over the allocation of the New Market Complex in Brikama Market.
Justice Owolabi’s ruling addressed multiple facets of the dispute. Initially, he determined that the Governor’s market allocation committee did not constitute a judicial or quasi-judicial authority. As such, he concluded that the court lacked jurisdiction to issue a writ of certiorari, as contested by the Council. He stated that the matter was purely an administrative and executive decision.
The judge further examined the legality of the Governor’s allocation of market spaces. While acknowledging that the Local Government Act of 2002 empowers local governments to establish, control, and maintain markets, he noted that the Central Government, through the Governor, retains the authority to regulate trade and commerce. Consequently, he opined that the Central Government could perform functions typically ascribed to local councils regarding market management.
On the question of fairness, Justice Owolabi found no evidence of unfairness in the Governor’s decision. He highlighted that the Brikama Area Council was initially part of the market allocation committee and that the new council chose to abstain, claiming that the Governor’s committee was encroaching on its statutory market management duties.
Reacting to the judgement, the Brikama Area Council expressed its disappointment and announced its intention to appeal the decision to the Court of Appeal and, if necessary, the Supreme Court. The Honorable Chairman of the Council emphasized that the appeal aims to seek clarity on the demarcation of functions between local governments and the Central Government as delineated in the Local Government Act of 2002. He argued that the court’s judgement further blurred these lines, necessitating higher judicial intervention to resolve the ambiguities.
This ruling marks a pivotal moment in the ongoing debate over the division of responsibilities between local and central authorities in market administration, setting the stage for further legal battles and potential policy revisions.
