Supreme Court Awards Former Auditor General Modou Ceesay D17.6 Million, Rejects State’s Bid to Reduce Compensation

The Supreme Court has awarded former Auditor General Modou Ceesay a total of D17,585,213.69 in compensation, dismissing nearly all of the State’s objections to the salary, allowances, gratuity, pension, and other benefits due to him following its earlier ruling that his removal from office was unlawful.

The judgment, delivered on Thursday, July 30, 2026, by Justice O.M.M. Njie, settles all outstanding disputes over the financial entitlements arising from the court’s July 7, 2026 decision, which held that Mr. Ceesay had been unlawfully removed from office.

In its final assessment, the court awarded D1,529,291 in unpaid salary and allowances covering the period from September 15, 2025, when Mr. Ceesay was removed from office, to July 7, 2026. The court also ordered the payment of 10 percent annual interest, amounting to D54,088.65, on those arrears.

The court further awarded D8,853,790, representing salary and allowances from July 7, 2026, through November 25, 2031, the date on which Mr. Ceesay’s constitutionally protected nine-year term would have expired.

Justice Njie also upheld Mr. Ceesay’s entitlement to a gratuity of D732,310.65, noting that the State had failed to rebut the evidence supporting the claim.

On the issue of fuel benefits, the court awarded D2,560,000, representing 64 months of fuel allowance at D40,000 per month. Although the State argued that Mr. Ceesay received fuel coupons rather than cash payments, the court found that his evidence establishing entitlement to the monthly allowance had not been effectively challenged.

The court also ordered that Mr. Ceesay receive a monthly pension of D120,733.50, equivalent to 75 percent of his net monthly earnings of D160,978, with payments to commence immediately and take effect from July 7, 2026.

In addition, the Supreme Court maintained its earlier award of D4 million in vindicatory damages.

The only deduction approved by the court was D144,266.61, representing an outstanding loan Mr. Ceesay had obtained through the National Audit Office. The amount is to be deducted from the total compensation.

The Supreme Court rejected the State’s submissions on virtually every disputed entitlement.

State Counsel had argued that Mr. Ceesay was entitled only to his basic monthly salary of approximately D58,000, less the outstanding loan, and contended that responsibility, telephone, residential, and special skills allowances were discretionary and therefore not payable under the circumstances.

Justice Njie found that those arguments were unsupported by evidence and upheld Mr. Ceesay’s claim to the full package of salary and allowances.

The State also argued that pension and gratuity benefits become payable only upon retirement at age 60 and that Mr. Ceesay was therefore not entitled to receive them based on the unexpired portion of his nine-year term.

The court disagreed, holding that the evidence supported his entitlement to both gratuity and pension in accordance with the terms governing the office of Auditor General.

While reaffirming the amounts payable, the Supreme Court partially granted the State’s request to extend the deadline for payment.

Rather than requiring payment within the original 60-day period set out in the July 7 judgment, the court extended the deadline to November 30, 2026.

Justice Njie said the variation was justified by evidence presented by Lamin Foday Jawara, Permanent Secretary at the Office of the President, regarding the need for National Assembly appropriation before the funds could be released.

The judge said it was reasonable, “in the circumstances,” to vary the payment period while leaving the substantive awards intact.

However, the court ordered that monthly pension payments must begin immediately, effective July 7, 2026, notwithstanding the extended deadline for the lump-sum payments.

Under the judgment, the State is required to pay:

• D1,529,291.00 in salary and allowances, plus D54,088.65 in interest;
• D8,853,790.00 in future salary and allowances;
• D732,310.65 in gratuity;
• D2,560,000.00 in fuel allowance;
• D4,000,000.00 in vindicatory damages;

After deducting the outstanding loan of D144,266.61, the total lump-sum compensation amounts to D17,585,213.69.

In addition, Mr. Ceesay is entitled to a monthly pension of D120,733.50, payable from July 7, 2026, on an ongoing basis.

In explaining the ruling, Justice Njie emphasized that the post-judgment proceedings were “solely to ascertain the precise amounts payable to the Plaintiff,” noting that the State had not sought a review of the court’s July 7 judgment declaring Mr. Ceesay’s removal unlawful.

The court therefore held that it could not revisit the legality of the awards previously granted, although it retained discretion to vary the timeline for payment where justified by the circumstances.