The Supreme Court has issued a ruling that supports the Kanifing Municipal Council (KMC) in a significant constitutional case involving the Minister of Lands, Regional Government and Religious Affairs, as well as the Inspector General of Police, determining that the government’s actions were unlawful.
The conflict emerged when KMC put its Chief Executive Officer (CEO), Sainabou Martin Sonko, on administrative leave due to accusations of financial misconduct. The Ministry of Lands contested the Council’s authority, claiming that the responsibility to discipline and appoint CEOs lies within the jurisdiction of the Local Government Service Commission.
The Ministry, backed by the Police Intervention Unit (PIU), forcibly reinstated Sonko by entering the Council’s premises—an act that KMC labelled as an unconstitutional interference in its operations. The Council later initiated a legal challenge at the Supreme Court, alleging that the central government violated its constitutional right to local self-governance.
The Supreme Court, under the leadership of Chief Justice Hassan B. Jallow and with Justice Cherno Jallow delivering the opinion, determined that the government’s actions contravened Section 193(1) of the 1997 Constitution, which ensures a “high degree of local autonomy” for councils elected through democratic processes.
The Court confirmed that the government’s forceful reinstatement of the CEO represented an unconstitutional interference in KMC’s internal matters, thereby compromising its autonomy as protected by the Constitution.
The Court, however, dismissed additional reliefs requested by the Council. The request for a declaration regarding the independence of the Local Government Service Commission was deemed by the Court to be an issue between the Commission and the central government, rather than a direct concern impacting KMC’s constitutional rights.
The Court also refused to issue an order requiring government officials to leave KMC premises, observing that the events were historical and that such an order would have no practical effect.
The Supreme Court, in its reasoning, cited Talib Ahmed Bensouda & 54 Ors v. The Attorney General, SC CS No. 001/2022, which reinforced the constitutional principle of democratic local governance characterised by a significant level of autonomy.
This ruling provides a clear delineation of the constitutional limits between local councils and the central government, strengthening the autonomy of local authorities in overseeing their internal matters.
