Gambia Rights Group Condemns Court’s Refusal to Reinstate Unlawfully Sacked Auditor General

By Michaella Faith Wright

A prominent Gambian rights organisation has expressed grave concern over a landmark Supreme Court judgment, arguing that while the court successfully exposed government lawlessness, it stopped short of delivering true constitutional justice.

The Edward Francis Small Centre for Rights and Justice (EFSCRJ) issued a scathing public statement on Monday following the court’s ruling on the high-profile ouster of former Auditor General Momodou Ceesay. The Supreme Court formally declared that Ceesay’s abrupt dismissal and his subsequent physical eviction from the National Audit Office by the Inspector General of Police were entirely unconstitutional. However, rather than restoring the independent watchdog to his post, the court opted to award him financial compensation, a package including back pay, gratuity, pension, and D4 million ($54,000) in damages.

The EFSCRJ strongly rebuked the decision not to reinstate the official, warning of the long-term damage the ruling could inflict on the country’s democratic framework.

“EFSCRJ believes this judgment has serious implications for constitutional governance, the rule of law, and democratic accountability,” the organization said.

The group argued that a full reinstatement was the only appropriate remedy to firmly reaffirm the supremacy of the Constitution and protect the independence of oversight offices from executive overreach.

A central grievance raised by the rights group is the financial burden the ruling places on ordinary citizens. By awarding damages rather than a reinstatement, the group points out that everyday taxpayers are effectively being forced to foot the bill for illegal state actions, while the specific individuals who orchestrated the violation escape unscathed.

The Supreme Court had justified its decision against reinstatement by noting that the relationship between Ceesay and the Executive branch had completely broken down, rendering his return to office impracticable. The EFSCRJ fiercely rejected this line of reasoning, maintaining that “constitutional remedies cannot be sacrificed because of personal discomfort between public officials.”

In light of the controversy, the civil society group is now taking aim at the country’s highest political and legal authorities. The federation has urged Members of the National Assembly to wield their legislative powers under Section 77(2) of the Constitution to summon President Adama Barrow to explain what it describes as repeated unconstitutional actions by his administration.

Furthermore, the EFSCRJ has renewed its public demands for the immediate resignation of both the Attorney General, Dawda A. Jallow, and the Inspector General of Police, Seedy Muctarr Touray, insisting that sweeping accountability at the top is now essential to protect the rule of law in The Gambia.