Gambiaj.com – (BANJUL, The Gambia) – The State Law Office has filed a preliminary objection challenging the jurisdiction of the Supreme Court of The Gambia to hear the lawsuit brought by former Auditor General Modou Ceesay.
Senior Counsel Ida Drameh, representing the State, raised the objection on Wednesday, questioning whether the Supreme Court is the proper forum to determine Ceesay’s suit.
The court subsequently directed Counsel Drameh to file her written arguments by Friday, 5 December 2025. Counsel Lamin J. Darboe, representing Mr Ceesay, was ordered to file a reply by Monday, 8 December 2025.
Multiple Applications Before the Court
Chief Justice Hassan B. Jallow informed the parties that the matter currently contains several pending motions, including an application by civil society organizations seeking permission to file an amicus brief.
The court then proceeded to hear a motion by Counsel Darboe seeking three orders: to join the current Auditor General, Mr. Cherno Amadou Sowe, as the third defendant; to amend the writ of summons; and to amend the statement of claim.
However, Counsel Drameh opposed the application, arguing that adding Mr. Sowe as a party was unnecessary because the Supreme Court had already ordered his inclusion suo motu.
She further submitted that the amendments proposed by the plaintiff were inconsistent between the writ of summons and the statement of claim. Drameh also noted that one of the prayers, seeking to restrain Mr Sowe, was not included in the motion itself and urged the court to dismiss the application.
In response, Counsel Darboe acknowledged the inconsistencies but described them as technical errors, urging the court to overlook them in the interest of substantive justice.
Court Dismisses Plaintiff’s Application
In his ruling, Chief Justice Jallow agreed with Counsel Drameh, holding that the request to add Mr. Sowe as a third defendant was redundant since the court had already joined him by its own order. He further found that the amendments sought were inconsistent and that the prayers contained in the motion could not be granted.
The Supreme Court accordingly dismissed the application and granted the plaintiff leave to file fresh papers by Friday, 5 December 2025.
