International Lawyer Ousman M’Bai Takes Government to Court Over Controversial Airport Security Fee

Published by: The Fatu Network

Gambian international lawyer Ousman F. M’Bai has filed a legal challenge before the High Court of The Gambia over the controversial Airport Security Fee Scheme at Banjul International Airport, questioning its legality, financial transparency and the Government’s contractual arrangements with American security company Securiport LLC.

Mr M’Bai, a financial crime and international asset recovery lawyer qualified to practise in The Gambia and England and Wales, who has also been investigating The Gambia’s opaque offshore oil dealings, is seeking judicial scrutiny of the scheme, under which passengers, including Gambians, are charged US$20 (approximately D1,000) upon arrival and another US$20 when departing the country.

According to a statement announcing the proceedings, the case challenges the legal authority for imposing and collecting the fee, the procurement and extension of Securiport’s contract, the management of revenue collected from passengers and compensation payments arising from the agreement.

The proceedings also question whether airport authorities have the legal power to withhold passengers’ passports or other travel documents solely for failing to pay the fee.

“These are matters which go beyond the amount charged to an individual passenger,” the statement reads. “They concern the exercise of public authority, the management of public resources and the standards of transparency and accountability expected in the administration of public affairs.”

The legal action follows what Mr M’Bai describes as the Government’s failure to provide a substantive response to a formal pre-action letter seeking explanations before litigation.

“That opportunity was not taken,” the statement says, referring to the Government’s chance to address the concerns without court proceedings.

“The Government did not provide a substantive response to the matters raised in the pre-action letter. In the circumstances, and having regard to the public importance of the issues, proceedings have now been commenced before the High Court.”

The challenge also draws attention to previous findings by the National Audit Office, which raised concerns about procurement procedures, contractual arrangements and financial oversight surrounding the Securiport agreement.

In its 2022 audit, the National Audit Office reported that Securiport had been collecting security fees without direct government participation, making it difficult for auditors to establish full transparency in the accounting of revenue collected under the scheme.

Mr M’Bai is seeking judicial declarations and orders concerning the scheme’s legality, alongside interim protective measures to preserve relevant records, safeguard financial accountability and address certain practices while the case is pending.

The statement emphasises that the proceedings are not intended to interfere with legitimate airport security operations but to establish whether charges imposed on passengers have a lawful foundation, whether contractual arrangements comply with applicable procurement laws and whether the money collected is properly accounted for.

“The central issue is straightforward: public charges and contractual arrangements involving public authorities must have a lawful basis and must be subject to proper transparency, financial control and accountability,” it states.

The Government and other parties concerned will have an opportunity to respond before the Court, which has yet to determine the legal questions raised in the proceedings.