By Kemeseng Sanneh (Kexx)
KMC Mayor, Talif Bensouda
The Supreme Court of The Gambia has ruled in favour of the Kanifing Municipal Council (KMC), declaring that actions taken by the Ministry of Lands, Regional Government and Religious Affairs, along with the Inspector General of Police, violated the Constitution by undermining the autonomy of the local council.
The ruling, delivered by Justice Cherno Sulayman Jallow on behalf of a panel led by Chief Justice Hassan B. Jallow, marked a significant legal victory for the KMC in a dispute that has gripped public attention and raised broader questions about the balance of power between local governments and the central administration.
At the heart of the case was the KMC’s decision to place its former Chief Executive Officer, Sainabou Martin Sonko, on administrative leave amid allegations of financial misconduct. The central government contested this decision, arguing that the power to discipline or remove the CEO lies solely with the Local Government Service Commission.
In a controversial move, the Ministry, with the support of the Police Intervention Unit (PIU), forcibly reinstalled Sonko in her office at the KMC headquarters, breaking down doors to gain entry and bypassing the Council’s decision. The KMC subsequently filed suit, accusing the Ministry and police of unlawful interference in the council’s internal affairs.
The Supreme Court found that this action constituted an unconstitutional breach of the council’s rights. Citing Section 193(1) of the Gambian Constitution, the Supreme Court reaffirmed that democratically elected local councils are guaranteed a “high degree of local autonomy,” a principle it deemed incompatible with the forceful reinstatement of the CEO by the central government.
“The installation of the CEO in defiance of the Council’s decision,” the Court ruled, “was a violation of the KMC’s constitutionally guaranteed autonomy.”
However, the Court stopped short of granting all of the reliefs sought by the KMC. It declined to issue a declaration on the independence of the Local Government Service Commission, holding that such matters lie within the purview of the Commission itself and did not directly affect the Council’s rights.
Additionally, the Court dismissed the KMC’s request for an order requiring the Ministry and police to vacate the Council premises, stating that such a directive had been rendered moot by the passage of time and current circumstances.
In arriving at its decision, the Court referenced the precedent of Talib Ahmed Bensouda & 54 Ors v. The Attorney General (SC CS No. 001/2022), a landmark case that similarly emphasised the constitutional principle of local governance by elected councils free from undue executive interference.
The ruling is likely to have lasting implications for the functioning of local governments across The Gambia, clarifying constitutional boundaries and reinforcing the principle of local self-governance.
As of press time, the Ministry of Lands and the Office of the Inspector General of Police have not publicly responded to the ruling.
