By Kemeseng Sanneh (Kexx)
The Kanifing Industrial Tribunal has rejected the University of the Gambia’s attempt to delay proceedings in a case brought by Dr. Alieu Gibba and Professor Matarr.
The tribunal’s ruling, issued on Tuesday, clears the way for an immediate hearing, intensifying the legal battle between the university and the two distinguished academics.
UTG, represented by Acting Registrar Bobo Baldeh, had sought a stay of proceedings, arguing that an ongoing appeal at the High Court raised significant legal questions. The university contended that pausing the case until the appeal was decided would be the prudent course of action.
However, Senior Counsel Malick Jallow, representing the plaintiffs, swiftly countered that the university’s affidavit lacked compelling evidence to warrant such a delay. Jallow argued that the mere existence of an appeal didn’t justify halting the case, pointing out that the application was far from demonstrating any exceptional circumstances.
After careful deliberation, the tribunal dismissed UTG’s request, stressing that a stay of proceedings is a serious measure with serious consequences. Quoting from the State vs. Isaac Campbell case, the panel underlined that there must be compelling reasons before proceedings can be paused.
The tribunal also noted that UTG failed to show any prejudice if the case moved forward. “Should the appeal succeed, the proceedings will be halted immediately. If the appeal fails, the case will simply continue as planned,” the tribunal declared.
This ruling sends a clear message that the legal process will not be postponed indefinitely, giving way for Dr Gibba and Professor Matarr’s case to proceed without further delay. It also sets the stage for what promises to be a pivotal moment in the ongoing struggle between the university and its faculty members.
