Gambiaj.com – (BANJUL, The Gambia) – The Government of The Gambia has filed its defense in the ongoing Supreme Court case involving the dismissed Auditor General, Modou Ceesay, insisting that President Adama Barrow acted lawfully in removing him from office.
In an affidavit sworn by the Minister for Presidential Affairs, Hon. Mod K. Ceesay, the State maintained that Mr. Ceesay “voluntarily vacated his position” as Auditor General after accepting a ministerial appointment, a decision it argues rendered his tenure at the National Audit Office null and void.
“The Plaintiff, Modou Ceesay, accepted a ministerial appointment on the 10th of September 2025, thereby vacating his position as Auditor General pursuant to Section 16 of the National Audit Office Act,” the affidavit stated.
The government’s filing further argues that President Barrow acted “within the confines of the Constitution and the laws of The Gambia,” emphasizing that Mr. Ceesay ceased to hold office upon his alleged acceptance of a new executive position.
According to the defense, Mr. Ceesay’s “actions were inconsistent with the independence and statutory limitations of his office,” and his dismissal merely formalized a vacancy created by his own conduct.
“The President did not act arbitrarily. His Excellency was properly advised by the Attorney General and acted lawfully in confirming that the office of Auditor General had been vacated,” the affidavit added.
The government’s position directly contradicts Mr. Ceesay’s claims, who has petitioned the Supreme Court to declare his removal unconstitutional and to order his reinstatement.
In his originating summons, Mr. Ceesay contends that he never accepted any ministerial appointment, describing the government’s assertion as “false, misleading, and politically motivated.”
He maintains that “no letter of resignation was ever tendered, nor was any acceptance of a ministerial appointment made,” arguing that his dismissal violates both Section 160 of the 1997 Constitution and the National Audit Office Act, which guarantee the independence and security of tenure of the Auditor General.
The State’s affidavit, however, asserts that his conduct breached the neutrality required of the position, claiming that “the Auditor General’s involvement in executive affairs compromised the impartiality of the Audit Office.”
It further argues that “the President’s action was in line with his constitutional duty to ensure good governance and uphold the integrity of public institutions.”
The filing concludes by urging the Supreme Court to dismiss Mr. Ceesay’s suit with costs, maintaining that “the Government of The Gambia remains committed to lawful governance and institutional accountability.”
The case continues before the Supreme Court, where both parties are expected to make further submissions.
