Banjul Mayor Appeals Local Government Commission’s Adverse Findings

The Mayor of Banjul, Rohey Malick Lowe, has launched a legal challenge at the Court of Appeal of The Gambia, seeking to overturn adverse findings and recommendations made against her by the Commission of Inquiry into Local Government Councils.

In a Notice of Appeal filed on August 3 under Civil Appeal No. GCA/093/2026, Mayor Lowe is contesting the entirety of the adverse findings communicated to her on May 12. The Attorney General is the respondent in the case.

Represented by counsel Abdoulie Fatty of A Fatty & Co, Mayor Lowe outlines five grounds of appeal, arguing that the commission misdirected itself in law and exceeded its jurisdiction.

The court filing contends that the commission held Mayor Lowe liable for legal duties not assigned to the mayor’s office under the 1997 Constitution or any other statute. It further asserts that the commission misconstrued the Local Government Act 2002 by assigning administrative and financial responsibilities to the political mayor instead of the Council’s Chief Executive Officer, who serves as the designated accounting officer for daily operations.

On procedural grounds, the appeal alleges a breach of Mayor Lowe’s constitutional right to a fair hearing under Sections 24, 202, and 204 of the Constitution. The filing states that the commission failed to provide her with its report, witness statements, exhibits, or key evidence prior to issuing adverse findings.

Additionally, the appeal argues that the commission failed to cite specific statutory breaches, ignored evidence in her favour, and produced findings unsupported by the weight of evidence.

Mayor Lowe is requesting the appellate court to set aside all adverse findings and recommendations, and declare them unconstitutional, unlawful, null, and void.

The Commission of Inquiry was established by the government to investigate the financial and administrative operations of local councils across the country. A date for the Court of Appeal hearing is yet to be scheduled.

Source: The Standard Newspaper