Banjul Mayor Rohey Lowe Seeks Court Order to Halt Commission Findings as State Challenges Appeal

Banjul Mayor Rohey Malick Lowe has asked The Gambia’s Court of Appeal to suspend the adverse findings and recommendations made against her by the Commission of Inquiry into Local Government Councils, as the Attorney General challenges her application, arguing that it is premature and legally unsustainable.

The mayor is seeking an interim order preventing the government from implementing or enforcing the Commission’s findings while her substantive appeal remains before the court.

However, the Attorney General’s Chambers maintains that no enforcement action has been taken against Mrs. Lowe and that her application is based on speculative concerns about possible future consequences.

Mrs. Lowe filed her Notice of Appeal on August 3, 2026, challenging the entirety of the Commission’s adverse findings and recommendations contained in a notice dated May 12, 2026. She is represented by lawyer Abdoulie Fatty of A. Fatty & Co.

Her appeal raises four principal grounds, including allegations that the Commission exceeded its legal authority, misinterpreted the statutory responsibilities of a mayor, violated her constitutional right to a fair hearing, and failed to identify any specific law she had breached.

According to her appeal, the Commission improperly imposed obligations on her that are not prescribed under the Constitution, the Local Government Act 2002, as amended, the Commission of Inquiry Act, or the Commission’s 2023 Procedural Rules.

Mrs. Lowe also disputes the Commission’s interpretation of the respective responsibilities of the mayor and the council’s chief executive officer.

She argues that the law assigns responsibility for the council’s day-to-day administration and financial accountability to the chief executive officer, who serves as its accounting officer.

On procedural fairness, the mayor contends that her rights under Section 24 of the Constitution, as well as Sections 202 and 204, were violated because she was not provided with the Commission’s report, witness statements, exhibits, or transcripts upon which the adverse findings were based.

She further maintains that the Commission failed to identify any specific act or omission constituting a breach of her legal obligations.

Consequently, Mrs. Lowe is asking the Court of Appeal to declare the Commission’s findings unconstitutional, unlawful, null, and void, and to quash the findings and any resulting legal consequences.

In a separate Notice of Motion filed on August 4, 2026, her lawyer requested an order suspending the implementation of the findings pending the determination of the appeal.

The application also seeks to restrain the Attorney General and any public authority acting through his office from enforcing the recommendations, while preserving the existing legal position until the case is resolved.

In an affidavit supporting the motion, Fatou Saho, a legal assistant at A. Fatty & Co, warned that the Commission’s findings could potentially prevent Mrs. Lowe from seeking re-election as mayor or contesting another public office.

With local government elections expected around May 2028, the affidavit argues that any delay in suspending the findings could cause irreparable harm to the mayor’s political rights.

According to the affidavit, even if Mrs. Lowe ultimately succeeds in her appeal, the judgment could become meaningless if she has already been prevented from contesting an election.

The affidavit further contends that maintaining the status quo would cause no prejudice to the Attorney General, while allowing the people of Banjul to exercise their democratic right to determine who should represent them.

The Attorney General’s Chambers has rejected the legal basis of the mayor’s application.

In a Notice of Preliminary Objection dated October 26, 2026, Patrick Gomez, Acting Director of Civil Litigation and International Law, indicated that the State would ask the Court of Appeal to dismiss or strike out the motion.

Mr. Gomez argues that the application is premature because there is no existing decision, enforcement order or administrative action against Mrs. Lowe that the court could suspend.

The State further contends that the relief sought is not justiciable at this stage, maintaining that the mayor’s concerns are based on hypothetical future developments rather than any demonstrated or imminent enforcement action.

According to the Attorney General’s objection, the application fails to establish a present legal injury or disclose a cause of action capable of invoking the court’s jurisdiction to grant interim relief.

The State consequently argues that there is no legal foundation for the orders sought by the mayor.

The preliminary objection addresses the application for interim relief rather than the substantive grounds of Mrs. Lowe’s appeal. The Attorney General has yet to respond to the merits of the appeal itself.

When the matter came before a three-member panel of the Court of Appeal on Tuesday, October 27, 2026, the State raised its preliminary objection to the mayor’s application.

Counsel Abdoulie Fatty is expected to respond to the objections raised by the Attorney General’s Chambers.

The substantive appeal was adjourned to November 17, 2026, for the adoption of written briefs.

The case raises questions about the legal authority of commissions of inquiry, the division of responsibilities between elected mayors and council administrators, and the circumstances under which courts may intervene to prevent the implementation of adverse findings before an appeal is determined.