The Supreme Court of The Gambia has delivered a decisive victory for the Kanifing Municipal Council (KMC) in its legal battle against the Ministry of Lands and the Inspector General of Police (IGP). The court reaffirmed the council’s constitutional autonomy and condemned unlawful interference in its operations.
The court ruled that the Ministry of Lands and the Gambia Police Force acted unconstitutionally by forcibly entering KMC premises to install Sainabou Martin Sonko as Chief Executive Officer (CEO). The judgment highlighted multiple violations, including the deployment of armed police officers to enforce Sonko’s installation and the unlawful breaking into KMC offices. The court further declared that attempts to compel KMC management to relinquish control, documents, and authority to Sonko, who was on administrative leave, breached constitutional provisions.
Central to the ruling was the court’s affirmation of KMC’s high degree of autonomy, stating that decisions regarding its internal management and staff appointments, including the CEO, fall outside the purview of the Ministry of Lands and the police. The judgment underscored that the forceful actions by the ministry and police constituted a direct violation of the Constitution.
Additionally, the court addressed the conduct of Buba Sanyang, Permanent Secretary of Local Government, ruling that his withholding of official correspondence intended for the Local Government Service Commission was an unlawful interference with the commission’s independence.
This landmark ruling strengthens the legal protections for KMC’s administrative independence, setting a precedent against unauthorized external interference in local government operations. The decision has been hailed as a victory for the rule of law and local governance in The Gambia, ensuring that municipal authorities can operate without undue influence from central government entities.
KMC officials have yet to comment on the ruling, but the judgment is expected to have significant implications for the ongoing tensions between local councils and central government authorities. At the time of this reporting, the Ministry of Lands and the IGP had not issued statements in response to the court’s decision.