The Kanifing Industrial Tribunal has overruled preliminary objections from the University of The Gambia (UTG) and its Acting Registrar, Bobo Baldeh, allowing a high-profile case involving the alleged unlawful dismissal of Dr. Alieu Gibba and Professor Matarr Njie to move forward to a full hearing.
Dr. Gibba and Professor Njie filed a lawsuit claiming their dismissals in November 2024 were “unlawful, unfair, malicious, and repugnant to the principles of natural justice,” violating their employment contracts. The plaintiffs are seeking reinstatement, back pay, 5 million dalasis each in damages for reputational harm, and coverage of legal fees.
UTG and Baldeh’s defense team had argued that the Industrial Tribunal lacked jurisdiction, asserting that the plaintiffs, as civil servants, fell outside the Labour Act 2023 and that the case belonged before the UTG Tribunal under the Tertiary and Higher Education Act 2016. They also contested Baldeh’s inclusion in the suit in his personal capacity.
In a landmark ruling, Tribunal Chairperson Ms. Jallow dismissed these objections. The tribunal clarified that UTG, despite being a government-funded institution, is not part of the civil service, meaning its employees are not civil servants—a finding that dismantled the defense’s primary argument. On Baldeh’s role, the tribunal ruled that insufficient evidence existed to determine whether he acted officially or personally, keeping him named in the suit for now.
The jurisdictional challenge was also struck down. While the Tertiary and Higher Education Act 2016 allows staff to file complaints with the UTG Tribunal, the Labour Act 2023 grants the Industrial Tribunal “exclusive original jurisdiction” over employment disputes. The tribunal underscored that the phrase “may file” in the 2016 Act offers plaintiffs a choice, not an obligation, affirming their right to pursue the case in the Industrial Tribunal.
“The words ‘may file’ in subsection 3 of section 33 of the Tertiary & Higher Education Act give the plaintiffs the options of where to file, and plaintiffs chose to file with the Industrial Tribunal, which has exclusive jurisdiction on matters relating to the employer-employee relationship,” the ruling stated. It further noted that appeals from either tribunal ultimately reach the High Court, solidifying the Industrial Tribunal’s authority in this matter.
With the objections dismissed, the tribunal ordered Dr. Gibba and Professor Njie to present their evidence, after which UTG and Baldeh must respond to the allegations.
“The objections raised are overruled, and the plaintiffs are ordered to proceed in proving their case prior to which the defendants react to the claims against them,” the tribunal concluded.
