By Ousman Saidykhan
Dismissed Lectures of the University of The Gambia, Dr. Alieu Gibba and Professor Matarr Njie, have threatened the chair of the UTG Faculty and Staff Association’s (UTGFSA) Task Force, Banna Sawaneh, to withdraw their “Consent Terms Judgement” and stop representing them in any form relating to their legal battle against the UTG or risk being sued for contempt of court.
“Our final instructions, therefore, are that YOU, BANNA SAWANEH, and members of your task force, within 72hours of receipt of this letter, withdraw, in unequivocal, express, and clear writing copied to our clients, the disingenuous, misleading, and purported “Consent Terms Judgement” as well as any agreement that you have unilaterally concluded without the approval of our clients and immediately cease any perceived form of representation of our clients on the subject-matter failing which appropriate legal proceedings, including for Contempt of Court, shall be initiated against you and your taskforce at the pending matter before the Kanifing Industrial Tribunal between our clients, university of the Gambia and one Bobo Baldeh,” the duo said in a letter dated December 30 2024, through their lawyer, Malick H.B Jallow which was copied to the taskforce.
The two lecturers’ lawyer said his clients were “dismayed” that the UTGFSA Task Force had overstepped when they initiated, agreed to, and finalized a purported “Consent terms Judgement” without their approval and authorization, reminding them that consent term judgment negotiations are for parties before the court, which the taskforce in not one, rendering them no legal mandate to engage in.
Signing the consent terms judgment would mean the two lecturers have agreed to settle their Industrial Tribunal matter out of court.
Dr. Gibba and Prof. Njie said the parties explored an avenue for an out-of-court settlement. They had authorized the staff association to represent them in the stakeholder consultation but made it “very clear” to them that the association ” shall not take any decisions on their behalf without their unequivocal and express consent.”
“You have, therefore, overstepped your mandate and brought the judicial process into disrepute, and our clients reserve the right to initiate Contempt of Court proceedings against you and your members, potentially leading to the imprisonment of you and your members, should you fail to resolve this matter appropriately,” the dismissed lecturers said, adding that is the final warning.
They continued: “Please note that you and your task force had no authority, legal or moral, to enter into such an arrangement, and the said arrangement does not reflect the position of our clients whose interest you purport to champion.”
The duo was dismissed from UTG on November 15 for their alleged misconduct regarding social media comments about the institution’s promotion processes, which the university regarded as false.
Gibba and Njie filed a case against the UTG and the Acting Registrar, Bobo Baldeh, at the Kanifing Industrial Tribunal, challenging their dismissals as “unlawful” and demanding D5 million in damages for reputational harm and emotional distress.
After meetings and consultations, agreements have been reached for the UTG management to rescind their decision to dismiss the two. However, the sticking point remains clause 3, which, if agreed upon, will require the lecturers to retract their “unsubstantiated” statements alleging corrupt practices at the university with a possibility of reinstatement.
