The recent controversy surrounding the appointment of Cherno Amadou Sowe has become a flashpoint for Gambians concerned about the state of their democracy. What appears on the surface to be a high-level personnel change is, upon closer inspection, a troubling pattern of executive overreach and a blatant disregard for the National Audit Office Act of 2015 and the 1997 Constitution of the Republic of The Gambia.
A “Flagrant Violation” of the Law!
The appointment of Mr Sowe is not merely a political dispute; it is a calculated bypass of constitutional safeguards. The crux of the illegality lies in two main areas:
The Forceful Removal of Modou Ceesay: The removal of the constitutionally mandated Auditor General strike at the heart of government accountability. Under Section 158(5) of the Constitution and Section 16 of the National Audit Office Act, the Auditor General can only be removed for inability to perform duties, misbehaviour, or incompetence—none of which were proven through the required tribunal process.
The Retirement Age Breach: Section 160 (and specifically the definition in Section 171) of the Constitution, along with Section 16(2) of the National Audit Office Act 2015, is explicit: the Auditor General must vacate the office upon reaching the compulsory retirement age of 60. By appointing an individual who has already reached this limit, the Barrow administration is signalling that the law is optional.
The Prohibition of Contractual Appointments
Critically, the office of the Auditor General is a protected constitutional office, not a political or temporary civil service post. The law does not provide for the Auditor General to be appointed on a contract basis.
The National Audit Office Act 2015 was specifically designed to ensure a fixed, independent tenure, limited to a maximum of 9 years or to the compulsory retirement age, whichever comes first. Appointing an Auditor General on a contract is a direct attempt to circumvent these protections, making the office-holder beholden to the President for contract renewals rather than to the law.
The Responsibility of the Appointee!
While the executive holds the power of appointment, the appointee holds a moral and legal duty to the state. Cherno Amadou Sowe cannot plead ignorance of the laws governing the very office he accepted.
By accepting an appointment that contradicts the National Audit Office Act, Sowe has been accused of “playing along” with an illegality that defrauds the Gambian taxpayer. The role of the Auditor General is to protect public funds; if the person holding the office is there through a breach of law, the entire institution of the National Audit Office (NAO) is compromised.
The Call for Accountability!
The sentiment growing across The Gambia is one of exhausted patience. The narrative is shifting from mere political disagreement to a demand for restitution and reform.
Financial Accountability: There is a growing demand for Mr Sowe to refund every Dalasi he has “pocketed” in light of this blatant disregard for our laws.
Constitutional Fidelity: Gambians are increasingly calling for a return to the “spirit of the law,” in which the Constitution is treated as a sacred document rather than a hurdle for the executive to jump.
As the nation watches these legal and ethical lapses unfold, the message to the administration is becoming clearer: The Gambia’s laws are not suggestions, and its citizens will no longer tolerate the “nonsense” of constitutional disregard.
Your support means the world to us! Please follow our page to keep up with our latest posts, and don’t forget to hit that like button and share our content with your friends. Thank you for being a part of the OPEN GAMBIA PLATFORM community. By Jallow Modou. Financial & Economic Analyst | Washington D.C, USA on 11 March 2026! Views expressed by contributors are strictly personal and not of TheOpenGambiaPlatform!
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By Jallow Modou.
Financial & Economic Analyst | Washington D.C, USA
