State Files Defence in Former Auditor General’s Lawsuit

By Jarranewstv Staff Reporter 

Government Denies Wrongful Dismissal Allegations

The State Law Office has submitted its statement of defence at the Supreme Court in response to a suit filed by former Auditor General Modou Ceesay against the Attorney General and the Inspector General of Police.

The case, initiated by Mr. Ceesay, challenges the legality and circumstances under which he ceased to hold office as Auditor General.

According to the defence filed on 20 October 2025, the State maintains that Mr. Ceesay was not unlawfully removed but rather relinquished his position voluntarily after accepting a ministerial appointment.

The defence is supported by an affidavit sworn by Mod K. Ceesay, Chief of Staff and Minister of Presidential Affairs, who stated that he was authorised by the defendants to depose to the affidavit. He affirmed that the facts contained in the statement are true to the best of his knowledge and belief.

State’s Position

The State argues that the former Auditor General accepted an appointment as Minister of Trade, Industry, Regional Integration and Employment on 10 September 2025, and as a result, automatically ceased to hold his previous office.

According to the defence, Mr. Ceesay expressed appreciation for the new appointment during discussions with the President, who commended his performance and considered him well-suited for the ministerial role due to his financial expertise and understanding of the public sector.

The State further contends that Mr. Ceesay never formally declined the appointment. Consequently, Cherno Amadou Sowe was appointed as the new Auditor General on the same day. However, the defence claims that Mr. Ceesay continued to occupy the office, preventing the new appointee from assuming his duties.

Denial of Political Interference

The defendants strongly deny allegations that the President interfered with the functions of the National Audit Office. They maintain that there has been a consistent policy of non-interference with independent constitutional office-holders.

Audit Access Disputes

Responding to Mr. Ceesay’s claims regarding restricted access to audit data, the defence attributes the dispute involving the National Food Security, Processing and Marketing Corporation to issues of banking confidentiality.

It states that a senior official of the corporation lodged a complaint alleging that the former Auditor General attempted to access personal bank records without authorisation, in violation of the Banking Act.

On the question of access to the Gambia Revenue Authority’s database, the State denies any obstruction, arguing that the Auditor General’s demand for the entire taxpayer database posed a security risk and was lawfully resisted under the Income and Value Added Tax Act.

Forcible Removal Allegation

The defence also denies claims that the President or the Inspector General of Police ordered the forceful removal or eviction of the plaintiff from his office, insisting that no such directive was ever issued.

Legal Questions Before the Court

In their Memorandum of Issues, the defendants ask the Supreme Court to determine the following:

1. Whether the President ever removed Mr. Modou Ceesay from his position as Auditor General; and

2. Whether, following his appointment and acceptance as Minister, he could lawfully continue to hold the position of Auditor General.

The State indicates that it will rely on several legal instruments to support its case, including Sections 158, 159, 160 and 169 of the 1987 Constitution, the National Audit Act (2015), the Banking Act, and the Income and Value Added Tax Act.

Among the documents listed as evidence are the letters of appointment and acceptance, an official State House media release, and a social media publication by What’s On – Gambia.