Gambiaj.com – BANJUL, The Gambia) – The Supreme Court of The Gambia on Wednesday ruled that former Auditor General Modou K. Ceesay was unlawfully removed from office, declaring that the process leading to his dismissal violated the Constitution.
Delivering judgment, the justices held that the evidence showed Mr. Ceesay had orally accepted President Adama Barrow’s offer to appoint him as Minister of Trade, Industry, Regional Integration and Employment.
However, the Court found that no written evidence was presented to prove he had formally accepted the ministerial appointment.
The Court further noted that there was no resignation letter or any other documentary evidence showing that Mr. Ceesay had resigned from his position as Auditor General before his removal.
Addressing the circumstances of his removal, the Court held that the actions of the Inspector General of Police in forcibly ejecting Mr. Ceesay from his office violated his constitutional protections under Section 158 of the 1997 Constitution.
Despite finding his removal unlawful, the Court declined to order Mr. Ceesay’s reinstatement as Auditor General. Instead, it directed that he be paid his full salary, allowances, and pension for the remainder of his contractual term.
The Court also awarded Mr. Ceesay D4 million in vindicatory damages against the Attorney General and the Inspector General of Police. It ordered that the amount be paid within 60 days of the judgment.
In addition, the Court ruled that Mr. Ceesay is entitled to all contractual benefits, including remuneration for the unexpired portion of his tenure as Auditor General.
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