The Gambia Supreme Court ruled in favour of the Kanifing City Council (KMC) and declared that the actions taken by the Land, Regional Government and the Ministry of Religion Affairs and that police officers violated the Constitution by undermining the autonomy of local councils.
The ruling, filed by Justice Cherno Suleiman Jarrow on behalf of a panel led by Judge Hassan B. Jarrough, marked the KMC’s important legal victory in a dispute that attracted the attention of the public and held broader questions about the balance of power between local governments and the central government.
At the heart of the case was the KMC’s decision to place former CEO Sainabou Martin Sonko on administrative leave amid allegations of economic misconduct. The central government disputed the decision, claiming that the authority to discipline or remove CEOs is solely at the Local Government Services Commission.
In a controversial move, the ministry, with the support of the Police Intervention Force (PIU), forced reinstalling Songko into the KMC headquarters office, breaking doors and hindering the council’s decision. The KMC then filed a lawsuit, accusing the ministries and police of illegal interference in the council’s internal affairs.
The Supreme Court found that the case constitutes an unconstitutional breach of the council’s rights. Citing section 193(1) of the Gambian Constitution, the Supreme Court reaffirmed that democratically elected local councils are guaranteed to have “highly local autonomy.”
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“The establishment of a CEO, contrary to the council’s decision, is a violation of KMC’s constitutionally guaranteed autonomy,” the court ruled.
However, the court has stopped granting all the relief the KMC is seeking. It was refused to issue a declaration of independence of the Local Government Services Committee, and found that such issues were within the scope of the Committee itself and that they had no direct impact on the rights of the Council.
Additionally, the court rejected the KMC’s request to require the ministry and police to vacate the council’s facilities, saying such an order was disputed due to time and the course of the current situation.
In reaching that decision, the court stated Talib Ahmed Benceuda & 54 ORSv. We have referenced the precedent of The Attorney General (SC CS No. 001/2022).
The ruling is likely to have lasting implications for the functioning of local governments throughout the Gambia, clarify constitutional boundaries and strengthen the principles of local autonomy.
As of the time of reporting, the Ministry of Land and police officers’ offices have not publicly responded to the verdict.
