The landmark judgment confirms the following key points:
- Unauthorized Entry: The Court declared that the Ministry of Lands and Police violated the Constitution by forcibly entering KMC premises to install Sainabou Martin Sonko as CEO.
- Illegal Office Break-In: The Court found the Ministry and Police acted unlawfully by breaking into offices at KMC to forcibly install Sainabou Martin Sonko, violating constitutional protections.
- Unlawful Police Presence: Sending armed police officers into KMC premises to enforce the installation of Sainabou Martin Sonko as CEO was declared unconstitutional.
- Unauthorized Transfer of Power: The Court ruled that attempts by the Ministry and Police to force KMC management to hand over control, documents, and authority to Sainabou Martin Sonko, who was on administrative leave, violated constitutional provisions.
- Municipal Autonomy: The judgment reinforced that KMC has a high degree of autonomy. Decisions about its internal management and staff appointments, including the CEO, are beyond the authority of the Ministry of Lands and Police.
Additionally, the Court emphasized that withholding official correspondence intended for the Local Government Service Commission by the Permanent Secretary constitutes an unlawful interference with the Commission’s independence.
This judgment reaffirms the independence and autonomy of the Kanifing Municipal Authority, protecting it from unauthorized interference in its internal administration.
