By Mariama Marong
The State Law Office had filed an appeal which showed the University of The Gambia and the Attorney General (applicants) dissatisfaction with the ruling made at Kanifing Industrial Tribunal at Kotu against the UTG. The magistrate delivered ruling on the 31st of January, 2025, and which this State Counsel is challenging before the High Court.
The two lecturers are Dr Alieu Gibba and Professor Matar Njie. They filed a case before the Industrial Tribunal Kotu seeking redress for their alleged unlawful removal.
The State raised a preliminary jurisdiction as to the competence of the tribunal to entertain the matter on the ground that the avenues for settlement as contemplated by the Tertiary and Higher Education Act, 2016 has not been exhausted. The reason given was that the tribunal in it’s ruling held that the court has exclusive jurisdiction to entertain this matter without making any statement as to the intention of the Tertiary and Higher Education Act, 2016 for amicable settlement. And the tribunal declared it has jurisdiction when it was notified of the provisions of the Tertiary and Higher Education Act, 2016 to give employer.
The appeal stated that the tribunal erred in law when it held that the two former lecturers were not civil servants but public servant despite knowing that they are paid from the consolidated fund. The industrial tribunal despite agreeing that the former lecturers are employees of the state owned institution declared that they are public servants. The institution wherein the respondents are employed gets its source of fund from the consolidated revenue fund.
It is the position of the state law office that the tribunal erred in law when it refuse to make a ruling on the portion of objection raised as to the parties before the court which in effect renders the suit incompetent.
It is the position of the State that the Kanifing Industrial Tribunal lacks the requisite jurisdiction to entertain this matter. The ruling of the tribunal is erroneous and against the weight of evidence.
