By Omar Bah
The High Court is currently hearing a case involving the president of the Gambia Dock and Maritime Workers Union, Lang Bala Sawo, who has filed a suit against the Managing Director of the Gambia Ports Authority and others. In November last year, 141 dockworkers signed a petition calling for the resignation of Mr. Sawo over alleged mismanagement of the union’s funds. The group also wrote petitions to the National Assembly and other institutions calling for an investigation into the financial dealings of the Union’s executive committee.
Following his refusal to resign, the unhappy dock workers in April 2024, announced they have suspended him through a vote of no confidence during their Annual General Meeting.
Unhappy with the decision, Mr Sawo, who is representing the Gambia Dock and Maritime Workers Union, filed a lawsuit against Baboucarr Ceesay-1st defendant, Yusupha Cham-2nd defendant and the GPA Managing Director, Ousman Jobarteh-3rd defendant seeking an order that his purported suspension as the elected President of the Union is unlawful, null and void and of no legal effect whatsoever.
According to the writ of summons, Lang Bala Sawo is also seeking an order that the selection of an interim committee to replace his executive is unlawful and has no legal effect and that all its decisions are equally null and void and that his removal from the Board of Directors of the Dock Labour Company (DLC) Gambia Ltd is unlawful, null and void.
Mr Sawo is also seeking an order for the payment of all his benefits as president of the union, adviser to the company, and a board member, and that he is still the president of the union by virtue of the Amended Constitution of the Union registered in 2023.
Mr. Sawo also wants the court to order the defendants to vacate his office, which was wrongfully seized, and for payment of all dividends due and payable to him by the GPA MD.
Sawo is also seeking damages for wrongful interference in his affairs of D1 million, costs of D500,000, and further orders the court deems fitting.
The plaintiff also alleged in the suit that the union has not received a dalasi for its share from the Dock Labour Company since 2021, and when he started requesting the union’s dividends, that’s where all the trouble started.
“The Ports MD called a section of the dockworkers who are not even part of the union and told them that the plaintiff is mismanaging the union dues and corrupted them to form a rival union. Union dues are non-refundable, and 60% of the said dues are used for the day-to-day operation of the union. The 1st and 2nd Defendants took me to the police at Banjul, and two days thereafter, they called Sankung Dampha, a National Assembly member for Upper Badibou, and requested that I resign as president, and they will withdraw the case at the police,” the plaintiff said in the suit.
The plaintiff said he refused, as he is the elected president of the union and prefers going to court than resigning.
“One week later, the same people set up a committee and served me with a letter of suspension. I replied to them that they do not have the power to suspend me because they did not have any evidence against me, and I am not convicted of any offense, and the allegations against me are all false. On the 13th of May, 2024, the 2nd defendant again wrote a letter purporting to remove me from the Board of Directors of the Dock Labour Company, and when I replied, he refused to accept it, alleging that I am no longer President of the Union. Due to the two letters, I have not received my monthly allowances of D20,000 as adviser to the Board and D15,000 as a board member since April.”
When the case was mentioned on Tuesday, the counsels for the defendants applied for the court to declare that the plaintiff has no locus standi to file a lawsuit against their clients, while the plaintiff’s counsel, Lamin L Mboge, argued that his client has all the legal backing to file the case.
The judge subsequently adjourned the case to 26 November for a ruling on the matter.
