Home The Law & The Courts GAMBIA: Modou Ceesay Claims D15.8 Million in Compensation; State Disputes Pension Entitlements...

GAMBIA: Modou Ceesay Claims D15.8 Million in Compensation; State Disputes Pension Entitlements and Allowances

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Following the Supreme Court’s July 7 judgment in favour of former Auditor General Modou Ceesay, both the plaintiff and the State have now filed affidavits setting out conflicting calculations of the compensation owed to Modou Ceesay.

Modou Ceesay has filed an affidavit claiming he is entitled to D15,815,425.76 (Fifteen Million, Eight Hundred Fifteen Thousand, Four Hundred and Twenty-Five Dalasis and Seventy-Six bututs) in back pay and allowances, in addition to the D4,000,000 in vindicatory damages already awarded by the court.

The State, through an affidavit filed by Abdoulie Badjie, Senior State Counsel at the Attorney General’s Chambers, is contesting certain aspects of the calculation and requesting additional time to effect payment.

Modou Ceesay’s affidavit, filed on July 14, 2026, details his calculation of entitlements based on the court’s order. The affidavit states that Modou Ceesay was born on May 17, 1981, and provides a detailed breakdown of the calculation owed from September 15, 2025 (the date of his forceful removal) through the end of his nine-year term as Auditor General.

His claims include salary, allowances, gratuity, and pension entitlements calculated as if he had served his full term. Modou Ceesay’s calculation is marked as Exhibit MC2 in the affidavit.

However, the State’s affidavit raises several points of contention. According to the State, Modou Ceesay was appointed Auditor General on November 14, 2022, and commenced employment on November 26, 2022. The maximum term for an Auditor General is nine years under Section 16(1) of the National Audit Office Act 2015.

They argued that Modou Ceesay would not have reached statutory retirement age by 2031, when his nine-year term would expire. State further argues that gratuity and pension are payable only upon retirement, not as a prospective entitlement, citing the National Audit Office Act.

“According to the National Audit Office Act, gratuity and pension are payable on retirement, and such payments need to be approved by the Board after consultation with the President. Pension is not payable to the Plaintiff before retirement.” The state argued.

State affidavit further notes that “The Plaintiff would not have reached the statutory retirement age by 2031.”

The state is also requesting that the court grant an extended timeline for payment, adding that while the court ordered payment within 60 days of the July 7 judgment, more time is needed.

State states in the affidavit: “I believe that more than 60 days is needed to ensure payment of all sums payable to the Plaintiff, and to ensure that such payments are made in accordance with applicable laws.”

State also notes that obtaining necessary information and financial records from government institutions has proven difficult, stating.

“Our chambers have made enquiries in a bid to have available all the information needed to address the requirements of the order of this honourable court and have so far been able to obtain two pay slips of the Plaintiff/Respondent, copies of the said pay slips are now produced and shown to me in a bundle marked ‘AB 1’.”

The state has produced a recent pay slip showing Modou Ceesay’s monthly salary and allowance structure. As of September 2025, Modou Ceesay’s total monthly earnings were D174,342.00, with deductions totalling D62,306.00, resulting in a net payroll of D112,036.00.

The pay slip details various allowances, including telephone allowance (D8,000), residential allowance (D4,000), house rent allowance (D15,000), professional allowance (D3,000), and responsibility allowance (D40,000), alongside a basic salary of D58,125.00.

The state argued that Modou Ceesay shouldn’t be entitled to telephone, professional, responsibility and residential allowance as he’s no longer working as the Auditor General. However, his counsel counters that argument, stating that Modou Ceesay is entitled to all the allowance for the remaining years of his appointed nine-year term.

The case is adjourned to next Tuesday

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