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Supreme Court Holds Closed-Door Preliminary Hearing in Modou Ceesay’s Lawsuit Over Removal as Auditor General

Modou Ceesay Adama Barrow

Gambiaj.com – (Banjul, The Gambia) – The Supreme Court of The Gambia on Tuesday held a preliminary hearing behind closed doors in the high-profile lawsuit filed by former Auditor General Modou Ceesay against the Attorney General and the Inspector General of Police (IGP). Journalists were barred from the chambers as the court began reviewing the case, which challenges what Ceesay describes as his “unlawful” removal from office.

The preliminary hearing focused on procedural issues, including whether the Supreme Court has jurisdiction to hear the matter and whether Ceesay has met the initial burden of proof.

Such hearings typically involve the court reviewing affidavits, witness statements, and other filings to determine whether the case can proceed to a full hearing.

Ceesay was forcefully removed from the National Audit Office on 11 September 2025 by members of the Gambia Police Force, a day after he publicly rejected a ministerial appointment announced by President Adama Barrow.

He contends that his removal violated constitutional guarantees and the provisions of the National Audit Office Act, 2015.

Through his lawyers, Ceesay is seeking declarations from the Supreme Court that the actions of the Attorney General and IGP—allegedly permitting police to evict him—breached sections 158, 159, 160, and 169 of the 1997 Constitution, as well as sections 3(2), 11, 13, 14, and 16 of the National Audit Office Act. He argues that his ouster was “unconstitutional, unlawful, and therefore null and void.”

During Tuesday’s hearing, the State acknowledged receiving the processes filed by Ceesay but informed the court that it had not yet filed its defense.

The court granted the state 21 days to respond to the lawsuit. Once the defence is filed, Ceesay will have 7 days to submit his reply.

The case has been adjourned to December 2025 for hearing.

Allegations of Presidential Interference

In his statement of case, Ceesay alleged that President Barrow personally attempted to interfere in several audits, including those of the Gambia Revenue Authority (GRA), the Central Bank of The Gambia (CBG), and the National Food Security Processing and Marketing Corporation (NFSPMC).

He claimed that after initiating special audits of NFSPMC, compliance audits of land administration, and reviews of tax revenue for 2023 and 2024, he was summoned multiple times to the State House.

According to him, President Barrow expressed concerns that the audits could damage his political standing ahead of upcoming elections and urged him to delay or halt them.

Ceesay further alleged that Barrow intervened in matters relating to the statutory audit of the CBG and supported the GRA and its concessionaire in resisting requests from the Audit Office for access to critical financial data.

The Ministerial Appointment Saga

Ceesay’s troubles intensified after a meeting with President Barrow on 10 September 2025, during which he was handed a sealed envelope announcing his appointment as Minister of Trade, Regional Integration, and Employment.

He said he declined the appointment, citing his preference to continue as Auditor General, a role he described as better suited to his expertise.

Despite pressure from senior officials, elders, and religious leaders to reconsider, Ceesay formally rejected the offer in writing on 11 September. Later that day, a replacement was introduced to him at his office, and by 15 September, he was forcefully evicted by police.

With the state now given time to prepare its defense, the case will resume in December. If admitted for a full hearing, it could mark a major constitutional test of presidential powers over the auditor general and the independence of the National Audit Office.

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