By Sainabou Sambou
The Supreme Court of The Gambia, presided over by Chief Justice Hassan B. Jallow, today dismissed an application by plaintiff Modou Ceesay seeking to formally join Cherno Amadou Sowe, the current Auditor General, as the 3rd Defendant in the high-profile constitutional matter over Ceesay’s alleged unconstitutional removal. Ceesay is suing the Ministry of Justice, the Inspector General of Police & Cherno Amadou Sowe.
Counsel L.J. Darboe, I.K. Jallow Suwureh, J.Jeng, and Fatou Bondi appeared for the plaintiff. An eight-member State law team led by Solicitor General H. Thomasi and including Ida Drameh, J.O. Okete, A.A. Wakawa, S.L. Jobarteh, M. Ngum, and F. Touray represented the defendants.
Mr L.J. Darboe moved the motion to join Mr Sowe and to amend the Writ of Summons and Statement of Claim accordingly. State Counsel Ida Drameh strongly opposed, pointing out that the Court had, on its own motion (suo motu), already added Cherno Amadou Sowe as the 3rd Defendant in previous proceedings. Ms Drameh further argued that the proposed amendments were inconsistent between the writ and the statement of claim, and the prayer seeking to restrain Mr Sowe was not contained in the motion itself.
In reply, Mr Darboe conceded the inconsistencies but described them as “mere technical errors” and urged the Court to overlook them in the interest of substantial justice.
Delivering a bench ruling, Chief Justice Jallow upheld Ms Drameh’s submissions. “The application to add Cherno Amadou Sowe as 3rd Defendant is unnecessary because this Court has already joined him as a party,” the Chief Justice held. He further noted the material inconsistencies in the amended pleadings and the absence of the restraint prayer in the motion notice, and accordingly dismissed the application.
The plaintiff was, however, granted leave to file fresh amended processes, if they so desire, on or before Friday, 5 December 2025.
Separately, Ms Drameh raised a preliminary objection challenging the Supreme Court’s jurisdiction to entertain the suit. The Court directed the State to file written submissions by 5 December and the plaintiff to reply by 8 December 2025.
The Chief Justice also acknowledged several pending motions, including one by civil society organisations seeking leave to file an amicus curiae brief.
The matter was adjourned to Tuesday, 9 December 2025, for the hearing of the preliminary objection, the civil society motion, and any fresh amendment application.
