The Supreme Court of The Gambia, led by Chief Justice Hassan B. Jallow and a panel of other judges, commenced a new session today to address a case brought by Ebrima Dibba and the United Democratic Party (UDP) against six political advisers appointed by President Barrow.
Ebrima Dibba and the UDP filed a lawsuit naming Lamin Cham, Dodou Sanno, Henry Gomez, Lamin Saidy, Sulayman Camara, the Public Service Commission, and the Attorney General as respondents. The opposition party is contesting the constitutionality of the advisers’ appointments, alleging that they violate Section 170 of the 1997 Constitution.
The petitioners argue that the advisers’ positions as executive members of political parties render their appointments unlawful. However, it is noteworthy that most of these advisers were appointed before the conflict between Attorney Ousainou Darboe, the UDP leader, and President Adama Barrow.
In November 2023, the Supreme Court instructed the applicants’ counsel, A.N.M. Ousainu Darboe, to file a statement of case and affidavits before further consideration of the matter.
As the UDP did not raise concerns about the appointments’ legality until after Darboe and his allies were dismissed from Barrow’s government in 2019, the ruling National Peoples Party (NPP) has criticized the UDP’s challenge as a political maneuver to undermine President Barrow’s authority, rather than a genuine legal concern.
The outcome of this lawsuit could significantly impact the balance of power and accountability within the Gambian government. The Supreme Court’s decision on the legality of the advisers’ appointments will be closely watched.