Counsel Says Reinstating Former Auditor General Would Not Serve Gambia’s Interests

By Makutu Manneh

The lawyer for former Auditor General Modou Ceesay said Tuesday that although the Supreme Court found his client’s removal from office unconstitutional, reinstating him would have been impractical and ultimately contrary to the public interest.

Speaking to reporters after the court delivered its judgment, Senior Counsel Lamin J. Darboe said the legal team had anticipated that returning Ceesay to office would present significant challenges, despite public calls for his reinstatement.

“I know everybody wants him to be reinstated, but that is a difficult situation,” Darboe said. “The Auditor General works very closely with the government, government departments, and the Presidency. If that working relationship has broken down, it becomes very difficult to function effectively.”

He likened the situation to people living under the same roof despite a fractured relationship, arguing that cooperation is essential for the Auditor General to carry out the responsibilities of the office.

Darboe said his legal team had accepted from the outset that reinstatement was unlikely to be a practical remedy.

He also distinguished Ceesay’s case from that of Ya Kumba Jaiteh, the former National Assembly member who was reinstated following a court ruling. According to Darboe, Jaiteh served within the legislative branch, while the Auditor General operates within the executive, making the circumstances materially different.

“We are absolutely happy with the judgment,” he said.

Ceesay had sued the Attorney General and Minister of Justice, as well as the Inspector General of Police, alleging that his removal from office was unlawful and unconstitutional.

In its ruling on Tuesday, the Supreme Court held that Ceesay’s removal violated the Constitution. However, the court declined to order his reinstatement, noting that Cherno Amadou Jallow has already been appointed Auditor General and has served in the position for the past nine months.

Instead, the court ordered that Ceesay be compensated with all outstanding salaries and allowances he would have earned up to the date of the judgment.

The justices further held that reinstating Ceesay would not be in the public interest, citing evidence presented during the proceedings that indicated the working relationship between the former Auditor General and the executive had irretrievably broken down.

The decision brings to a close a closely watched constitutional challenge over the removal of one of the country’s most senior public accountability officials, while affirming that the dismissal itself was unlawful even though the court stopped short of restoring him to office.