Government Makes U-Turn amid UDP’s Lawsuit against Governors

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By Kemeseng Sanneh (Kexx)

The Gambia Government has removed all Governors and Deputy Governors sued by some members of the United Democratic Party (UDP) challenging the legality of their appointments.

The law requires that any person to be appointed a Governor must be above the rank of Director in the Civil Service ranking. It is the case of the five (5) UDP members who filed different cases challenging the appointment of the Governors and Deputy Governors of the regions that the appointment of the defendants is flawed. The case is before the Bundung High Court presided over by Justice Aisatou Jallow-Sey.

The UDP members relied on sections 123, 124 and 125 of the Local Government Act. It is their case that anyone to be appointed as a governor or a deputy governor must come from the civil service as they placed heavy reliance on section 123 of the Local Government Act. 

Section 123 provides that “There shall be, for each of the Local Government Areas, except for the City of Banjul and Kanifing Municipal Council, a governor, who shall be a civil servant, not below the rank of a director in the civil service, appointed by the President.”

The UDP members wanted the court to make a declaration that their appointments were unlawful, illegal and therefore null and void. They wanted the court to declare that they do not fulfill the requisite statutory (legal) qualification to be appointed in those positions as governors or deputy governors. 

Also, for the high court to declare that the governors and the deputy governors in the five cases to stop parading themselves as governors or deputy governors and they should also stop performing the functions of the governor and deputy governor.

The case was only heard once in court and before the second hearing, the Government removed all of the governors and deputy governors from their respective positions. They have now been moved and integrated into the Civil Service of the Gambia. Some were appointed permanent secretaries while others were appointed deputy permanent secretaries.

The Government press release signed by Ebrima G. Sankareh indicated that the President acting under Section 123 (1) of the Local Government (Amendment) Act, 2006, appointed the following Government officials as Governors:

Mrs Fanta Bojang Njie Samateh Manneh, current Deputy Permanent Secretary (DPS), Ministry of Fisheries and Water Resources as Governor of West Coast Region (WCR), Ms Fatou Jammeh Touray, DPS, Ministry of Agriculture is the new Governor, North Bank Region (NBR), Ms. Ramou Sarr, DPS, Ministry of Transport, Works & Infrastructure as Governor, Lower River Region (LRR), Mr. Musa Mbye, DPS, Ministry of Youths & Sports as Governor, Central River Region (CRR); 

and Mr Abdoulie Kah, DPS, Ministry of Defence as Governor, of Upper River Region (URR) while all the deputy governors redeployed to Ministry of Local Government and Lands.

Saikou Sonko, the Councilor for Sikka Ward in Upper Niumi sued Lamin Saidykhan, the Governor North Bank Region alongside his deputy, Dembo Samateh. With the latest development Lamin Saidykhan is now appointed DPS Ministry of Agriculture and Dembo Samateh deployed to Ministry of Local Government and Lands.

Samba Bah, Governor of URR, whose appointment is challenged by UDP’s Almamo A.K. Ceesay, a Councilor for Pakaliba Ward and the Vice-Chairman of the Mansakonko Area Council is deployed as DPS Ministry of Fisheries;

Ousman J. Bojang, Governor of WCR was deployed as DPS Ministry of Works. This case was filed by UDP’s Lamin Dibba, the Councilor for Pirang Ward in the Brikama Area Council sued them. Baba Galleh Jallow is now redeployed to the Ministry of Local Government.

Seedy Lamin Bah, Governor, LRR is now appointed as the DPS Ministry of Youths & Sports. His appointment was challenged by UDP’s Almamo Ceesay accusing Governor Seedy Lamin Bah and Sainey Mbye of actively participating in party politics before their appointment as the Governor of LRR.

Ousman Bah, Governor of CRR was appointed as the DPS at the Ministry of Defence. He was sued by Sorie Darboe, the Councilor of Bani Ward in the Kuntaur Area Council and a native of Dobo Village. 

All the deputy governors were redeployed to the Ministry of Local Government, Regional Government and Religious Affairs.

Will UDP continue with the case? All eyes will be on the court on the next hearing date.