By: Sainabou Sambou
In a landmark constitutional ruling, The Gambia’s Supreme Court has declared the dramatic police-led removal of former Auditor General Modou Ceesay from office illegal and a clear violation of the 1997 Constitution.
Delivering judgment on Tuesday, the court ordered the state and the Inspector General of Police (IGP) to pay Ceesay D4 million in vindictive damages for the breach of his rights. The court stopped short of reinstating him, allowing the current Auditor General, Cheron Amadou Sowe, to remain in the position.
The dramatic events unfolded on September 10 last year when police officers entered the National Audit Office and forcibly removed Ceesay from his seat. The court described the action as unconstitutional, stressing that the Constitution clearly outlines the only lawful ways an Auditor General may leave office. Forcible removal by police is not among them.
“The actions of the police in entering the National Audit Office and removing the Auditor General from his office violated Section 158 of the 1997 Constitution and were null and of no legal effect,” the judgment stated.
The court rejected any suggestion that Ceesay had abandoned his post. It noted that he returned to work just five days later, on September 15, and that he wrote a letter declaring a conflict of interest. This, the judge ruled, could not be interpreted as a resignation or voluntary departure.
While ruling strongly in Ceesay’s favour on the constitutional violations, the court declined reinstatement, saying the current holder would remain in office. However, it ordered the government to pay Ceesay his full salary from September 15 onwards, together with 10 percent annual interest, all pension benefits, and gratuity entitlements due to him.
The state has been given 60 days to settle all payments. Ceesay has been directed to file his date of birth, salary history, and other relevant documents within seven days to enable precise calculation of his entitlements.
Legal observers describe the judgment as a significant assertion of judicial independence and the rule of law. It sends a strong message that executive or police overreach in removing constitutional officeholders will not be tolerated, even as the court balances remedies against institutional continuity.
The ruling brings to a close a highly publicized standoff that raised serious questions about the separation of powers and the independence of the National Audit Office, a key institution in the fight against corruption and for public financial accountability in The Gambia.
