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Posted - 07 Jul 2026 : 16:20:48
Supreme Court Declared Auditor General Removal Unconditional and Unlawful, Awards Four Million Dalasi Damages
By Kexx Sanneh of Kexx News
The Supreme Court has delivered a judgment in favour of former Auditor General Modou Ceesay, declaring that his removal from office in September 2025 was unconstitutional and unlawful. In a unanimous decision, the five-judge panel ordered the Attorney General and the Inspector General of Police to pay Ceesay four million dalasi in damages for violating his constitutional rights.
The judgment was delivered by Justice O.M.M. Njie on behalf of the panel of the Supreme Court judges. Today, July 7, 2026.
Supreme Court found that the police action in removing Modou Ceesay from the office of Auditor General violated Section 158 of the National Audit Act and the Constitution. The finding establishes, as a matter of law, that the removal was null and void and had no legal effect.
Supreme Court affirms what Modou Ceesay's legal team argued throughout the trial: that the office of the Auditor General is constitutionally protected from arbitrary executive interference.
Although the Supreme Court vindicated Modou Ceesay's constitutional claim that his removal was unconstitutional and unlawful, it declined to order his reinstatement. Justice Njie acknowledged that Modou Ceesay did not request reinstatement, and the court recognised that the relationship between Modou Ceesay and the executive branch had become irreparably damaged by the controversy.
Also, given the nature of the Auditor General's office, which requires a working relationship with the executive to carry out its independence mandate, the Court exercised its discretion to keep Modou Ceesay from returning to the audit office.
Supreme Court ordered that Cherno Amadou Sowe, the sitting Auditor General, shall remain in office as the Auditor General.
The judgment provides for a compensation to Modou Ceesay. He will receive a back pay and allowances. The Supreme Court ordered that the Attorney General must pay all of Modou Ceesay's salary and allowances from the date of his removal in September 2025 through the end of his tenure, with 10% interest added. The sum must be paid within sixty days of the judgment.
In addition to the payment of Salaries and allowances, the Supreme Court awarded four million dalasi as damages, a payment recognising the violation of Modou Ceesay's constitutional right to hold his office securely.
Both the Attorney General and the Inspector General of Police have been ordered to pay this sum within sixty days. Supreme Court also ordered all parties to file affidavits within seven days documenting Ceesay's age, salary history, allowances, pension entitlements, and gratuity so that a complete financial settlement can be calculated and honoured.
Supreme Court reinforces constitutional protections for independent officers. Supreme declared that the removal violated the National Audit Act, and the Constitution reaffirms that even the President cannot simply dismiss the Auditor General without following the strict constitutional procedure, which requires either a medical board report (for infirmity) or a tribunal inquiry (for misconduct or incompetence).
However, the Supreme Court stopped short of ordering the reinstatement of Modou Ceesay but announced the independence of the Auditor General's office from arbitrary presidential power. So, the judgment delivered indicated that Modou Ceesay's removal was unconditional, but not a return to office.
Speaking to his lawyer, Counsel Lamin J. Darboe, immediately after the judgment, he expressed satisfaction with the court's decision. He said he has no intention to challenge the judgment or seek a review.
"Even though there's no reinstatement, I am happy with the declaration that the action of the executive was unconstitutional and unlawful," Counsel Darboe said.
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