By Isatou Sarr
The High Court in Banjul has ordered an immediate stay of proceedings in the on-going industrial dispute between the University of The Gambia (UTG) and two of its former staff, Dr. Alieu Gibba and Professor Matar Njie, pending the hearing of an appeal.
Presiding over the matter on Monday, 12th May 2025, Justice G.A. Kwabeng ruled in favour of a motion brought by UTG and its Acting Registrar, Bobo Baldeh, who are the first and second appellants in the case. The respondents, Dr. Gibba and Prof. Njie, were both present in court, although their lawyer, Malick H.B. Jallow, was absent.
The appellants, represented by Abdul Muhsin A. Wakawa and M. Jammeh, sought a stay of proceedings in a case currently before the Kanifing Industrial Tribunal under suit number KIT/CS/235/24. The motion was supported by an affidavit filed on April 30, 2025, while the respondents’ opposition affidavit, sworn by Dr. Gibba on behalf of both respondents, was submitted on the day of the hearing.
Justice Kwabeng considered key legal points raised by the motion, including whether the Kanifing Industrial Tribunal has jurisdiction to hear the matter. He noted Section 33 of the Tertiary and Higher Education Act, 2016, which mandates that any appeal against a decision of the University Staff Tribunal must be made to the High Court within 30 days.
He also reviewed questions surrounding the proper parties to the suit, including whether the Acting Registrar could be sued in his personal capacity, and whether the failure to join the Attorney General breached provisions of the State Proceedings Act. The applicability of the Labour Act 2023 to the respondents, depending on whether they qualify as civil servants, was also examined.
Finding that these issues raise substantial legal questions suitable for appeal, Justice Kwabeng ordered the Registrar of the Kanifing Industrial Tribunal to transmit the case records to the High Court for determination. The matter has been adjourned for mention on 24th June 2025.
