By Makutu Manneh
The Local Government Commission of Inquiry has questioned Kanifing Municipal Council (KMC) Mayor Talib Ahmed Bensouda regarding the council’s appointment of legal representatives.
Testifying before the commission, Mayor Bensouda explained that KMC initially relied on his mother’s law firm, Amie Bensouda & Co., which had long served as the council’s legal adviser. However, following his election in 2018, the firm recused itself to avoid a conflict of interest.“After I won the election, Amie Bensouda and Co. wrote to the council to ask that they must leave because now a son of Amie Bensouda has been elected as the mayor,” he stated.
According to the mayor, the council allowed the firm to continue on a pro bono basis until a replacement was appointed. During subsequent deliberations, three lawyers were introduced to the council, from which members selected Yassin Senghore as the new legal adviser.
The commission pressed Mayor Bensouda on whether Senghore’s appointment followed due procurement procedures under the Gambia Public Procurement Authority (GPPA) Act. Lead Counsel Patrick Gomez stressed that the hiring of legal services by councils must comply with procurement laws.
Bensouda responded that the appointment process was handled by the Chief Executive Officer (CEO), and he could not recall the exact details. He added that the council, as an executive body, retains authority to make resolutions on such matters.
Counsel Gomez disagreed, pointing out that evidence obtained from GPPA and procurement officers indicated Senghore’s appointment was not subjected to any procurement process. He reminded the mayor that the Local Government Act and the Finance and Audit Act 2004 require councils to comply strictly with GPPA regulations.
Mayor Bensouda maintained that while councils must be guided by oversight bodies such as GPPA, the Ministry of Lands, and Parliament, KMC has autonomy in its decision-making. He further argued that at no point did these authorities notify the council that Senghore’s appointment contravened procurement laws.
Counsel Gomez countered that compliance with procurement rules is mandatory and not subject to discretion. “Local government councils, the central government, and all institutions of The Gambia are bound to follow regulations that guide them. They are not to be cherry-picked,” he said.
Bensouda referenced a 2023 Supreme Court ruling, which affirmed the autonomy of councils, insisting that their decisions must ultimately be guided by checks and balances provided by oversight bodies.
“I am not saying it is right to contravene any law,” the mayor said. “What I am saying is that the oversight bodies exist to ensure councils act in the public’s best interest.”