By Bruce Asemota
The Supreme Court of The Gambia has ordered Kanifing Municipal Council to file its processes within seven days in the case of its ex-CEO Sainabou Martin Sonko.
The apex court presided over by five panel of judges; Cherno Sulayman Jallow, Mam M Sey, Awa Bah, E.F.Mbai and M.M.Njie made this order on Tuesday, 12 March.
The KMC had instituted a suit against the Ministry of Local Government, Lands and Religious Affairs, Inspector General of Police and the Attorney General seeking the following reliefs from the Apex Court.
1. A declaration that the actions of the Ministry of Local Government and Lands and Religious Affairs and the Inspector General of Police in entering or causing government officials to enter into the premises of the KMC forcibly and install Sainabou Martin Sonko is in contravention of section 193 of the Constitution.
2. A declaration that the actions of the 1st and 2nd defendants acting through their subordinates and members of the Gambia Police Force of breaking and entering into an office in the premises of KMC for the purpose of forcibly occupying the same and physically installing Sainabou Martin Sonko is in contravention of section 193 of the Constitution.
3. A declaration that the actions of the defendants of sending armed police personnel into the premises of the KMC to occupy various parts of the premises including the main hall and one office for the purported purpose of imposing Sainabou Martin Sonko by use of force on KMC is in contravention of section 193 of the Constitution.
4. A declaration that the actions of the defendants through various means to vest administrative power and authority into the hands of Sainabou Martin Sonko and force the KMC administration to hand over documents, accounts mandates, official correspondence and general management of KMC to Sainabou Martin Sonko for the purpose of forcibly enabling her to resume office as Chief Executive officer of KMC after she was sent on administrative leave by the Council is in contravention of section 193 of the Constitution.
5. A declaration that KMC is a municipal authority with a high degree of autonomy and matters relating to its internal administration including its working relations with its chief Executive officer and other staff is not within the jurisdiction of the defendants.
6. A declaration that the local Government service Commission is an independent body that by section 119 of the local Government Act does not operate under the direction of control of the government and that the continued interference of the Ministry of Local Government and Lands and Religious Affairs in the matters concerning the said Commission and KMC is in contravention of section 193 of the Constitution.
However, during the court sitting, KMC indicated that it has intention to call one witness and the court ordered that the witness’s statement be recorded by affidavit evidence pursuant to Rule 53(3) of the Supreme Court Rule.
The court then ordered that KMC file the affidavit evidence within seven days of this order and the respondent (AG) was also given seven days to file an affidavit in response to the affidavit evidence of KMC.
It also ordered that if any aspect of the court’s order is not complied with by the parties, the court will proceed to hear the matter at the next adjourned date.
