Rédaction Africa Links 24 with babucarr balajo
Published on 2024-03-14 08:34:00
The Supreme Court of The Gambia recently issued an order to Kanifing Municipal Council (KMC) to file its processes within seven days in the case involving its former CEO, Sainabou Martin Sonko. This decision was made by a panel of five judges at the apex court, including Cherno Sulayman Jallow, Mam M Sey, Awa Bah, E.F.Mbai, and M.M.Njie on Tuesday, March 12.
The KMC had filed a lawsuit against the Ministry of Local Government, Lands and Religious Affairs, the Inspector General of Police, and the Attorney General, seeking various reliefs from the Apex Court. These included declarations that the actions of the Ministry and the Inspector General of Police, such as forcibly entering the KMC premises to install Sainabou Martin Sonko, were in contravention of the Constitution.
Furthermore, the KMC argued that sending armed police personnel to occupy parts of their premises and vesting administrative power in Sainabou Martin Sonko was against the constitution. The council also asserted its autonomy as a municipal authority and the interference by government bodies in its internal matters.
During the court proceedings, KMC expressed its intention to call a witness, and the court ordered that the witness’s statement be recorded by affidavit evidence as per the Supreme Court Rule. The court then instructed KMC to file the affidavit evidence within seven days and gave the respondent (AG) the same timeline to respond.
Additionally, the court warned that if any party failed to comply with the order, the court would proceed to hear the matter at the next adjourned date. This underscored the importance of timely and accurate submission of legal documents in the ongoing case.
This legal battle between KMC and the government bodies highlights the complex relationship between local authorities and central government oversight. It also raises questions about the extent of autonomy and control that municipal councils should have over their internal affairs, particularly when it comes to the appointment and dismissal of key officials like the CEO.
The outcome of this case will have significant implications for the governance and operation of municipal authorities in The Gambia. It will also set a precedent for how disputes between local councils and government bodies are resolved in the future.
As the legal proceedings unfold, both KMC and the government will need to present strong arguments and evidence to support their respective positions. The decision of the Supreme Court will ultimately shape the future dynamics of power and authority within the local government system in The Gambia.
Read the original article on The Standard
