By Demba Bah
On Thursday, 3 March 2025, a heated argument erupted between two councillors of the Banjul City Council (BCC) over a controversial issue regarding promised funds for ward development committees. The argument, which took place during a council meeting, later escalated into a physical altercation and eventually became a police case.
The dispute began when Councillor Sheikh Jaw of Crab Island Ward raised the issue of a 2 million dalasi fund that the Mayor had allegedly promised to provide to ward development committees for their projects. This promise was made last year. Councillor Fatou Ada Joof, a nominated councillor, quickly countered Jaw’s comments, accusing him of bringing up the issue on social media instead of addressing it within the council.
The tension between the two councillors quickly intensified, with insults flying back and forth. Despite attempts to calm the situation, Jaw, visibly upset by the exchange, tried to confront Joof. However, his colleagues intervened, stopping him from escalating the confrontation. The meeting was adjourned prematurely, with the remaining agenda items rescheduled for the following day.
On the following day, Deputy Mayor Abdul Aziz Gaye addressed the incident and outlined his decision regarding the disorderly conduct observed in the previous session. He explained that, after receiving a formal complaint and reviewing the relevant provisions of the Local Government Act—particularly those concerning privileges and immunities during council proceedings—he had exercised his authority as acting chairperson to establish a six-member committee to investigate the matter. The committee’s mandate is to inquire into the incident and report its findings to the council within 14 days. This action is in line with the Local Government Act, which allows for investigations in cases where potentially defamatory statements or actions occur within council meetings.
In response to Foroyaa’s report on the clash, which resulted in an arrest, Deputy Mayor Gaye issued the following statement:
Deputy Mayor Gaye’s Statement:
“In addressing recent events, I informed the Council of my decision regarding the disorderly conduct observed during yesterday’s session involving Councillor Sheikh Jaw of Crab Island Ward and Councillor Fatou Ada Joof, Nominated Women Representative. Upon receiving a formal complaint and consulting the Local Government Act, particularly sections pertaining to privileges and immunities, I exercised my authority as acting chairperson to establish a six-member committee to investigate the incident. This action aligns with the provisions of the Act, which stipulate that in instances of potentially defamatory statements made during Council proceedings, the Chairperson may refer the matter to a committee for inquiry. The committee is expected to report its findings to the Council within fourteen days, ensuring that appropriate measures are taken to uphold the integrity and decorum of Council proceedings.”
The Deputy Mayor also emphasized the importance of accurate reporting by members of the public and media representatives attending sessions. While General Council sittings are open to the public, he stressed the need for truthful and comprehensive accounts of the proceedings to ensure that the public receives reliable coverage, which in turn maintains trust in the Council’s activities. To facilitate this, copies of the Council’s minutes are available for public inspection, as stipulated in Section 32(2) of the Local Government Act, 2002, which states:
“Copies of all minutes of meetings of Council shall be open for inspection by members of the public.”
The Deputy Mayor added:
“The Council remains steadfast in its dedication to transparent leadership, adherence to legal frameworks, and the promotion of sustainable development for the benefit of all residents of Banjul.”
Legal Context of Council Procedures:
Under the provisions of the Local Government Act, specifically Section 2, the prerogative to refer matters for investigation lies with the chairperson of the council meeting, who could either be the Mayor or the person chairing a particular session. In cases where statements are made that may be defamatory, the Chairperson must refer the matter for inquiry by a committee, which must report back to the Council within 14 days.
However, a critical issue facing the Council is the absence of standing orders and a recognized Clerk, both of which are essential to ensure the smooth operation of council proceedings and the proper investigation of such incidents. As outlined in Section 32 (1) and (2) of the Act, all council minutes must be recorded in the English language and made available for public inspection. Section 33 mandates that the Council prescribe standing orders to regulate its proceedings and the conduct of its members, while Section 44 requires the appointment of a Clerk to the Council.
The Absence of Standing Orders:
Despite the provisions of the Act, BCC has been operating without standing orders, leaving the council without a clear framework to guide its meetings and resolve disputes effectively. The absence of standing orders has led to numerous instances of disorder and confusion within the council. This situation complicates the process of addressing issues like the recent altercation, as there is no established procedure for handling such incidents.
The Deputy Mayor, in response to questions regarding this issue, stated:
“Regarding the standing orders or rules of procedure, you would have seen mention of that in the circular shared ahead of the General Council meeting. A decision on the draft was taken today, and we will move forward accordingly.”
He further emphasized: “It’s also worth noting that the absence of formal standing orders is not unique to BCC. In fact, to my knowledge, no previous council had them in place. But our council will. And when it happens, it will be both historic and transformative.”
The Council’s Commitment to Reform:
While the lack of standing orders has been an ongoing issue, the current leadership of the BCC has committed to rectifying it. The council is working towards adopting and implementing a set of standing orders that will govern its proceedings and ensure that all councillors adhere to established rules of conduct. The standing orders are expected to bring greater structure and accountability to council meetings, preventing further disruptions and promoting a more productive environment for discussion.
The Incident of 19 January 2023:
This is not the first time the Banjul City Council has experienced a dramatic disruption in its meetings. A similar altercation occurred on 19 January 2023, just months before the May 2023 Council elections. At the time, Deputy Mayor Abdul Aziz Gaye, who was then a regular councillor, became involved in a heated exchange with former Chief Executive Officer (CEO) Mustapha Batchilly. The disagreement quickly escalated into a verbal confrontation, with both sides accusing each other of misconduct and attempting to hijack the meeting for personal agendas.
During this altercation, CEO Batchilly was restrained by the councillors, including former Deputy Mayor Omar Touray. Touray was also the councillor of the Crab Island Ward at the time and lost his position to Sheikh Jaw, the current councillor of the ward, in 2023.
The situation became even more chaotic when paramilitary officers were called in after Gaye accused Batchilly of assaulting him. Batchilly denied the accusation, asking for clarity on where he had allegedly touched Gaye. The incident ended with the paramilitary leaving the scene, and the issue remained unresolved.
The Call for Reform:
The clash on 19 January 2023 and the recent fracas in 2025 underscore the need for proper systems and regulations to govern BCC meetings. The absence of formal standing orders and other critical procedures, such as the appointment of a Clerk, has left the council vulnerable to disruptive events that erode public trust and undermine its effectiveness.
The current leadership’s commitment to adopting standing orders and improving council operations marks a pivotal step toward restoring order and accountability. As Deputy Mayor Gaye concluded, the introduction of these orders will be a significant milestone in the council’s journey toward effective governance and a more transparent and orderly environment for conducting the people’s business.
“We understand the challenges that have arisen from the lack of formal procedures, but we are determined to move forward and ensure that the council operates with the utmost professionalism. The introduction of standing orders will be a significant step toward improving the efficiency of our meetings and fostering a more transparent and accountable council.”
