The Supreme Court docket of The Gambia has dominated in favour of the Kanifing Municipal Council (KMC), declaring that actions taken by the Ministry of Lands, Regional Authorities and Spiritual Affairs, alongside with the Inspector Overall of Police, violated the Structure by undermining the autonomy of the native council.
The ruling, delivered by Justice Cherno Sulayman Jallow on behalf of a panel led by Chief Justice Hassan B. Jallow, marked a principal impartial victory for the KMC in a dispute that has gripped public consideration and raised broader questions about the balance of energy between native governments and the central administration.
On the heart of the case used to be the KMC’s determination to explain its ragged Chief Govt Officer, Sainabou Martin Sonko, on administrative leave amid allegations of financial misconduct. The central executive contested this determination, arguing that the energy to discipline or rob away the CEO lies solely with the Native Authorities Carrier Commission.
In a controversial transfer, the Ministry, with the pink meat up of the Police Intervention Unit (PIU), forcibly reinstalled Sonko in her office on the KMC headquarters, breaking down doorways to gain entry and bypassing the Council’s determination. The KMC therefore filed suit, accusing the Ministry and police of illegal interference in the council’s internal affairs.
The Supreme Court docket stumbled on that this circulate constituted an unconstitutional breach of the council’s rights. Citing Share 193(1) of the Gambian Structure, the Supreme Court docket reaffirmed that democratically elected native councils are assured a “high degree of local autonomy,” a principle it deemed incompatible with the forceful reinstatement of the CEO by the central executive.
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“The installation of the CEO in defiance of the Council’s decision,” the Court docket dominated, “was a violation of the KMC’s constitutionally guaranteed autonomy.”
Then again, the Court docket stopped brief of granting all of the reliefs sought by the KMC. It declined to field a declaration on the independence of the Native Authorities Carrier Commission, holding that such issues lie within the purview of the Commission itself and did now now not straight affect the Council’s rights.
Additionally, the Court docket disregarded the KMC’s question for an insist requiring the Ministry and police to vacate the Council premises, stating that one of these directive had been rendered moot by the passage of time and unusual instances.
In arriving at its determination, the Court docket referenced the precedent of Talib Ahmed Bensouda & 54 Ors v. The Attorney Overall (SC CS No. 001/2022), a landmark case that in the same method emphasised the constitutional principle of native governance by elected councils free from undue govt interference.
The ruling is liable to hang lasting implications for the functioning of native governments all the method thru The Gambia, clarifying constitutional boundaries and reinforcing the principle of native self-governance.
As of press time, the Ministry of Lands and the Office of the Inspector Overall of Police hang now now not publicly answered to the ruling.
