Wednesday, March 22

State Counsel files a Motion to Review Mayor Talib Bensouda and Co’s Judgment

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By Nicholas Bass

The deputy director of Civil Litigation and International Law of the Attorney General Chambers counsel Kimbeng T. Tah on Wednesday filed a motion to reviewed Mayor Talib Ahmed Bensouda and Co’s judgment at Banjul Supreme Court presided over by Chief Justice Hon.Hassan Bubacarr Jallow.

Counsel Kimbeng T. Tah in his submission pleaded to the court for an extension of days to enable him to apply the reviewing of Mayor Talib Ahmed Bensouda and co’s judgment that was passed on 13th December 2023.

He noted that due to the festive season and many public holidays, the fifteen days duration the constitution provides was insufficient for him to file a motion for the reviewing of Mayor Talib Ahmed Bensouda and co’s judgment.

However, Counsel Y. Senghore raised an objection stating that

State Counsel Kimbeng T. Tah should have files his motion within fifteen days b stated y the Constitution.

She pleaded to the court to dismiss the State Counsel’s plea, noting that it is unconstitutional.

Chief justice Hassan Bubaccarr Jallow at this juncture adjourned the case for ruling on the motion.

The Supreme Court of The Gambia on 13th December in a landmark ruling states that mayors and councillors no longer need the permission of the minister of Local Government to travel outside The Gambia.

This judgement came in a case involving the Kanifing Municipality Council (KMC), Mayor Talib Ahmed Bensouda and 55 other chairmen and councilors against the State as the plaintiffs challenged some of the powers of the Government under the Local Government Act.

The ruling further revealed that the President shall no longer appoint interim management to oversee councils three months before elections. The ruling continued: “Councils shall continue to operate until the end of their mandate and just before elections,” the ruling pointed out.

Stating more on the ruling, the Supreme Court highlighted that local government elections will be held every 4 years and not every five years from April 2023. “Local Governments and Municipal Councils will no longer be dissolved three months before elections.”