By Kemeseng Sanneh (Kexx)
Justice Aisatou Jallow-Sey of the Bundung High Court has struck out a lawsuit filed by five (5) members of the United Democratic Party (UDP) against governors and deputy governors of the regions.
The court struck out the case because UDP failed to appear in court. The court found them wanting for not pursuing their case diligently. The UDP members and their lawyers were all absent and did not advance reasons for their absence.
Justice Jallow-Sey further said the case was scheduled to resume on July 17, 2024, at 11:00 am. The court waited until 11:45 to accommodate them. Despite the delay in the start of the case, the UDP members and their lawyers did not show up.
“I hereby struck out the case,” Justice Jallow-Sey pronounced.
The UDP members challenged the appointment of the Governors and Deputy Governors of the regions, citing sections 123, 124 and 125 of the Local Government Act. They argue 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 did not fulfil the requisite statutory (legal) qualification to be appointed to those positions as governors or deputy governors.
Also, they wanted the high court to make a declaration for the governors and the deputy governors in the five cases to stop parading themselves as governors or deputy governors to also stop performing the functions of governor and deputy governor.
The case was heard once in court and before the second hearing, the Government removed all the governors and their deputies. They were all integrated in the Civil Service of The Gambia as permanent secretaries and deputy permanent secretaries respectively.
