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Safeguarding the Republic: A constitutional mandate for lawful governance and responsible stewardship

By Mohammed Jallow

The Gambia stands at a pivotal crossroads. The recent and forceful removal of Auditor General Momodou Ceesay, following his refusal to accept redeployment as Minister of Trade, Industry, and Employment, has shaken the nation’s confidence in its constitutional order.

What initially appeared to be a routine administrative reshuffle has escalated into a full-blown constitutional crisis, sparking public protests, raising national security concerns, and drawing sharp condemnation from legal experts and civil society.
This episode is not a mere dispute over one official’s position; it is a defining moment for the future of Gambian democracy. At stake is nothing less than the principle that no authority stands above the Constitution the supreme law of the land. To safeguard the republic, all branches of government and the citizenry must recommit to lawful governance and responsible stewardship.

The Sequence of Events
On 10 September 2025, a government press release abruptly announced that Auditor General Momodou Ceesay was being appointed Minister of Trade, Industry, and Employment. The following day, a second statement disclosed that Ceesay had declined the appointment. Instead of maintaining the status quo, the Executive quickly issued a third statement announcing the appointment of Mr. Amadou Cherno Sowe as the new Auditor General. Matters escalated further on 15 September when security forces entered the National Audit Office and physically removed Mr. Ceesay from his office, even though he had neither resigned nor been lawfully terminated.
The abrupt redeployment and subsequent forceful removal stunned the nation. Crowds of concerned citizens took to the streets, protesting what they saw as a blatant violation of constitutional safeguards. Their demonstrations, while largely peaceful, created tension in the capital and raised legitimate national security concerns. The question on everyone’s mind was clear: if the independence of a constitutionally protected office such as the Auditor General can be ignored, what safeguard remains for the rule of law?

The Constitutional Bedrock
The 1997 Constitution provides unequivocal guidance on this matter. Section 158 establishes the Office of the Auditor General as an independent authority mandated to ensure transparency and accountability in the management of public funds. Section 160(7) further stipulates 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 or control of any other person.”
The Constitution does allow for the removal of the Auditor General, but only under specific conditions: proven incapacity, misconduct, or incompetence. Sections 158(5) of the Constitution and 16(4–7) of the National Audit Office Act of 2015 lay out the detailed procedures for such removal, including the establishment of a tribunal to investigate and recommend action. None of these procedures were followed in Mr. Ceesay’s case.
By attempting to reassign him without his consent and forcibly removing him from office, the Executive bypassed the supreme law of the land. Such an act is more than an administrative misjudgment; it is a constitutional infraction with profound implications for governance and public trust.

Voices of Reason and Alarm
Prominent Gambians quickly raised the alarm. Halifa Sallah, the veteran leader of the People’s Democratic Organisation for Independence and Socialism (PDOIS), issued a forceful open letter to President Adama Barrow. He reminded the president that the Constitution provides no legitimate grounds for Mr. Ceesay’s removal unless one of the specified conditions is met. By making his intervention public, Sallah sought to ensure that the entire nation could witness this critical challenge to constitutionalism and governance.
The Gambia Bar Association (GBA) echoed these concerns with legal precision. In a detailed statement, the GBA argued that, absent a letter of resignation or lawful termination, the Auditor General’s post could not be considered vacant. The association described the actions of the security forces who extracted Mr. Ceesay as “deeply troubling” and emphasized that any interference with the independence of the National Audit Office violates the very safeguards designed to protect against executive overreach.
Both interventions underscore a fundamental truth: the independence of the Auditor General is not a privilege granted by the Executive. It is a constitutional requirement intended to ensure that public finances are monitored without political interference.

National Security and Public Confidence
The unfolding crisis has not been confined to courtrooms and press releases. Across the country, protesters have rallied to express their dismay, fearing that the hard won democratic gains of recent years are being undermined. Though the demonstrations have been largely peaceful, the heightened tension has stretched security services and raised legitimate concerns about stability.
National security is not merely the absence of violence; it is the presence of public confidence in the fairness and predictability of government. When citizens believe that constitutional guarantees can be flouted, trust in institutions weakens and social cohesion frays. This crisis therefore threatens not only legal order but also the broader peace and stability of the nation.

The Role of Responsible Stewardship
This is a moment that demands responsible stewardship from every branch of government and every sector of society.
The Executive must lead by example. President Barrow and his administration must immediately reaffirm their commitment to the Constitution and the rule of law. If there are credible grounds to question Mr. Ceesay’s fitness for office, the government must invoke the procedures laid out in the Constitution and the National Audit Office Act, including the establishment of an independent tribunal. Anything short of this would further erode public confidence and diminish the credibility of the presidency itself.
The National Assembly cannot remain a bystander. As the people’s representatives, lawmakers have a constitutional duty to provide oversight and to check any executive action that threatens the separation of powers. They should summon relevant officials to explain the rationale behind this removal and, if necessary, launch a formal inquiry. Silence in this moment would be an abdication of their sacred trust.
The Judiciary may ultimately be called upon to interpret the Constitution and provide a binding resolution. Courts must be ready to act with independence and courage, ensuring that the supremacy of the Constitution is more than an abstract ideal.
Civil Society and the Public also have a critical role to play. Peaceful advocacy, civic education, and sustained engagement are the lifeblood of any democracy. Citizens must continue to demand accountability, not through violence or division but through organized, peaceful, and informed action.
And Mr. Momodou Ceesay, for his part, should continue to uphold the dignity of his office and seek redress through lawful means. By maintaining professionalism and patience, he strengthens the very institution he serves and highlights the power of law over individual will.

A Test of Democratic Maturity
The Gambia’s democratic journey has been hard-won. The change of government in 2016 brought renewed hope for a future defined by transparency, accountability, and respect for the rule of law. Yet this incident serves as a stark reminder that democratic consolidation requires constant vigilance. The real test of a democracy is not in moments of calm but in how it responds to crises of legality and power.
Allowing this constitutional breach to stand would set a dangerous precedent. It would signal to future leaders that the independence of key oversight institutions can be overridden by executive decree. Conversely, addressing the crisis with fidelity to the law would strengthen public institutions and reinforce The Gambia’s standing as a nation committed to good governance.

Recommendations for the Way Forward
To restore confidence and safeguard the republic, the following steps are essential:

  1. Immediate Reinstatement or Lawful Review: Reinstate Mr. Ceesay pending the outcome of a proper constitutional process, or establish a tribunal to investigate any legitimate allegations.
  2. Transparent Communication: The government must explain its actions openly to the public, acknowledging any missteps and outlining corrective measures.
  3. Strengthening Institutional Independence: Parliament should review existing safeguards to ensure that constitutional offices remain fully insulated from political pressure.
  4. Civic Engagement and Education: Civil society organizations should intensify efforts to educate citizens about their constitutional rights and the importance of institutional independence.
    These actions would not only resolve the current crisis but also fortify The Gambia’s democratic architecture against future challenges.

Conclusion
The forced removal of Auditor General Momodou Ceesay is more than an isolated political event. It is a test of The Gambia’s constitutional maturity and the collective will to uphold the rule of law. Protests on the streets and debates in the chambers of government are all symptoms of a deeper question: will Gambians insist that the Constitution remains the ultimate authority, or will expediency erode the nation’s democratic foundations?
The path forward is clear. The Executive must honor the Constitution it swore to defend. The National Assembly must exercise its oversight role with courage and integrity. Civil society and the public must continue to demand accountability peacefully. And the judiciary must stand ready to protect the supreme law of the land.
This moment can become either a step backward or a defining victory for constitutional governance. By choosing the latter, The Gambia will demonstrate to its citizens and to the world that lawful governance and responsible stewardship are not mere aspirations but living principles. Only then can the republic be truly safeguarded and the promise of democracy secured for generations to come.

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