By EFSCRJ
EFSCRJ has learnt with deep concern of the removal of Modou Ceesay as Auditor General and the appointment of a minister by President Barrow on Wednesday, 10 September 2025. This decision is illegal as per the National Audit Office Act 2015, and we hereby demand an immediate reversal of the decision and return Mr. Ceesay to the position of Auditor General. This decision is tantamount to direct interference and control of the National Audit Office (NAO) and the Auditor General, contrary to the NAO Act 2015.
The Auditor General is the head of the National Audit Office and serves as the Supreme Audit Institution (SAI) of The Gambia. The position is crucial for ensuring accountability, transparency, and integrity in the management of public funds. For that matter, the NAO Act 2015 has stipulated under both Section 3(2) and Section 14(a) that the NAO “shall not be subject to the direction or control of any person or authority”. The Auditor General is independent of political and administrative control, ensuring objectivity in audits, which is essential for credible and impartial oversight.
Based on the National Audit Office Act, 2015, here are the provisions regarding the appointment and removal of the Auditor General of The Gambia:
1. Appointment of the Auditor General
Section 11 of the Act provides:
• The President appoints the Auditor General after consultation with the Public Service Commission (Section 11(1)).
2. Tenure of Office
Section 16 provides details on the term of office:
• The Auditor General holds office for a maximum of nine years (Section 16(1)).
• However, they must vacate office upon reaching the compulsory retirement age (Section 16(2)).
• The Auditor General may resign by giving 30 days’ written notice to the President (Section 16(3)).
3. Removal of the Auditor General
The Act outlines a straightforward process for removal in Section 16(4)-(7):
Grounds for Removal (Section 16(4)):
• The President may remove the Auditor General only on the following grounds:
a) Inability to perform functions due to infirmity of mind or body or any other cause.
b) Misbehaviour
c) Incompetence.
Procedure for Removal:
• For inability due to health or other causes (16(5)):
o A properly constituted Medical Board must submit a report confirming the incapacity before removal.
• For misbehaviour or incompetence (16(6)):
o The President must appoint a Tribunal to investigate and report on the matter.
o The Tribunal must comprise (Section 16(7)):
1. A Judge of the High Court
2. The Ombudsman
3. A member of the Public Service Commission
4. A Chartered Accountant
Only after receiving the Tribunal’s report can the President proceed with removal.
Considering these legal provisions for the removal of the Auditor General, EFSCRJ hereby questions the President if he had constituted a medical board or a tribunal from whom he had received a report accordingly for the removal of the Auditor General Modou Ceesay.
Mr. Ceesay was appointed Auditor General in November 2022. He has so far served only two years and 10 months of his 9-year tenure as per the law. Therefore, EFSCRJ also calls on Mr. Ceesay to reject his removal and decline the ministerial position in fulfillment of his duty to respect and defend the law.
In the absence of transparency as to the reasons and steps taken by the President to remove the Auditor General Modou Ceesay, EFSCRC concludes that his removal as Auditor General is illegal and must be rescinded. For that reason, we demand the following from the President:
1. Restore Mr. Modou Ceesay to his position as Auditor General.
2. To provide complete transparency for his reasons in removing the Auditor General.
3. Ensure that he upholds and abides by the law in his decisions and actions at all times.
4. Refrain from all forms of interference and control of the NAO and the Auditor General in fulfilment of his legal obligations.
