By Kemeseng Sanneh
Bundung High Court presided over by Justice Aisatou Jallow-Sey has commenced hearing five (5) cases filed by 5 members of the United Democratic Party (UDP) against regional governors, deputy governors and a legal adviser.
The UDP members were represented by Senior Lawyer Ousainou Darboe, their party leader and secretary general. The other lawyers were Bory S. Touray and Yakumba Jaiteh. State Counsel Mariama Koita appeared for the governors, the deputy governors and the Attorney General.
The UDP members want the court to make a declaration that their appointments were unlawful, illegal and therefore null and void. They 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. They want the court to declare that the Governors do not fulfill the requisite statutory (legal) qualification to be appointed in those positions as governors or deputy governors. The plaintiffs want the high court to make a declaration that will compel the governors and the deputy governors in the five cases to stop parading themselves as governors or deputy governors and also stop performing the functions of the governor and deputy governor.
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.”
In the first case, Saikou Sonko, the Councilor for Sikka Ward in Upper Niumi sued Lamin Saidykhan, the Governor of North Bank Region alongside his deputy, Dembo Samateh.
In his statement of claim, Councilor Saikou Sonko stated that Governor Lamin Saidykhan was previously an Assistant Secretary at the Personnel Management Office (PMO), a rank below that of a Director in the civil service. Councilor Saikou further claimed that Deputy Governor Dembo Samateh was a revenue collector in the Kerewan Area Council, a position below the rank of a Director in the civil service. He added that Dembo Samateh retired as a revenue collector and was not a civil servant.
In the second case, Almamo A.K. Ceesay, a Councilor for Pakaliba Ward and the Vice-Chairman of the Mansakonko Area Council sued the Governor of Lower River Region Seedy Lamin Bah and the Attorney General. Councilor Almamo Ceesay accused Governor Seedy Lamin Bah of actively participating in party politics prior to his appointment as the Governor of LRR. It is his case that Seedy Lamin Bah was not in the civil service of the Gambia. Seedy Lamin Bah succeeded Rohey John Manjang, who was appointed as a cabinet minister.
The third case was instituted by Muhamed Fatty, who sued Governor of Upper River Region (URR) Samba Bah, Deputy Governor Mamading Ceesay and the Attorney General. Muhamed is a member of the UDP and a resident of Song Kunda in Kantora District. He contested in the National Assembly elections and lost. Fatty said Governor Samba Bah was previously a deputy governor in the Central River Region from 2018 to 2022 when he was transferred to URR still as a deputy governor. Fatty, in his sworn statement, said then Governor Fanta Bojang Samateh Manneh was transferred, Samba Bah succeeded her as the Governor of URR. He alleged Samba Bah was not in the civil service as he was a lecturer at the Gambia College.
Muhammed Fatty said Deputy Governor Mamanding Ceesay is a native of Kosemar Village in the URR and before his appointment as deputy Governor, he was a cluster trainer at the Gambia Grupperna-Future in Our Hands and was also a classroom teacher employed by the Ministry of Basic and Secondary Education.
The fourth case was filed by Sorie Darboe, a Councilor of Bani Ward in the Kuntaur Area Council and a native of Dobo Village. The case is against Governor of Central River Region Ousman Bah, Deputy Governor Sainey Mbye and the Attorney General.
Councilor Sorie Darboe said Governor Ousman is a politician, who in 2007 successfully contested the National Assembly seat for Sabach Sanjal Constituency and has been their representative until 2017, when he opted not to contest in the elections. Sorie Darboe said Ousman Bah was active in politics prior to his appointment as a Governor and was not in the civil service.
Sorie Darboe said Deputy Governor Sainey Mbye was a politician and served as a National Assembly Member for Upper Saloum constituency from 2005 to 2017, when he opted not to contest. Sorie Darboe said Sainey Mbye continued to take part in active partisan politics and was not in the civil service.
The fifth and final case was filed by Lamin Dibba, the Councilor for Pirang Ward in the Brikama Area Council. The case is against Governor Ousman Bojang alias Ousman Jallow-Bojang, Deputy Governor Baba Galleh Jallow and the Attorney General.
Councilor Lamin Dibba said Governor Ousman Bojang was in the United States of America prior to his appointment as the Governor of West Coast Region and was not in the civil service.
Councilor Dibba further claimed that Baba Galleh Jallow was the National Assembly Member for Sanementereng Constituency in the Fifth Legislature. He added that Deputy Governor Jallow contested the last parliamentary elections and lost. He added that Baba Galleh Jallow did not serve in the civil service.
The case came for the first time on Wednesday, 22nd May before the High Court. The case could not proceed. The reason for the delay was premised on the request of the Attorney General, who filed a motion seeking court’s permission for an extension of time to prepare and file their statement of defence. State Counsel Mariama Koita informed the court that they have filed the motion dated 24th of April 2024. Lawyer Darboe informed the court that he was not served the motion. The court ordered the Attorney General to serve him within 48 hours. Darboe will have 5 days to reply to the motion.
The case was adjourned till 10th of June at 12:30 for the hearing of the motion
