The Gambia Bar Association (GBA) expresses deep concern regarding recent developments surrounding the forceful removal from office of the Auditor General, Mr. Momodou Ceesay.
On the 10th September 2025, a government press release announced the appointment of Mr. Ceesay as Minister of Trade, Industry, and Employment. A subsequent statement on 11th September 2025 indicated that Mr. Ceesay declined this appointment. In another release, the government announced Mr. Amadou Cherno Sowe’s appointment as Auditor General. On Monday, 15th September 2025, the police forcefully removed Mr. Ceesay from the premises of the National Audit Office (NAO).
In this case, in the absence of a letter of resignation from Mr. Ceesay or his lawful termination, the GBA is of the view that the position of Auditor General could not have been vacant for him to be replaced. So, the steps taken thus far in removing him from office, therefore, are not in accordance with the relevant provisions of the Constitution of The Gambia, 1997, and the National Audit Office Act, 2015. The purported appointment of another person to this officetherefore, is ill-advised, and the actions of security forces who physically extracted Mr. Ceesay from the NAO building, deeply troubling.
The GBA reminds that the Office of the Auditor General is established under section 158 of the 1997 Constitution, the Supreme law of the Land. Given the enormous responsibility of ensuring transparency, probity and accountability in the management of public finances, coupled with the need tosafeguard the absolute independence of the office, section 160(7) of the Constitution expressly provides that “in the exercise of his or her functions under this Constitution or any law, the Auditor General shall not be subject to the direction and control of any other person.”
Furthermore, while the President of the Republic is vested with the authority to appoint the Auditor General, the power to remove him/her is strictly circumscribed by law. Section 158(5) of the Constitution and section 16(4)(5)(6)(7) of the National Audit Office Act, 2015, prescribe the specific grounds and procedures for removal of the Auditor General from office. Any action outside the limits of this framework, therefore, is inconsistent with the Constitution and the National Audit Office Act and a violation of the Constitution. The manner of Mr. Ceesay’s removal from office and the uncompromising insistence on replacing him is viewed as the form of interference that the constitution and statute seek to expressly prevent. The public must have faith and confidence in this important oversight institution to discharge its functions independently and faithfully in accordance with its mandate as prescribed by the Constitution.
Any action by the Executive that interferes with its independence will diminish its ability to discharge its constitutionally mandated role.
Accordingly, the GBA unequivocally calls on the Executive to ensure compliance with the law and allow Mr. Ceesay to resume his work without delay, let or hindrance.
The GBA strongly urges that this matter be resolved with the extreme urgency it deserves, due to its seriousness, as well as the unintended consequences on the overall reputation of the State in combating corruption and promoting good governance.
Signed by the President of the Gambia Bar Association
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