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State Disputes Compensation Due to Former Auditor General After Supreme Court Ruling

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By Isatou Sarr

The implementation of the Supreme Court’s judgment in favour of former Auditor General Modou Ceesay has become the subject of a fresh legal dispute, with the parties disagreeing over the amount of compensation payable following the court’s ruling.

In an affidavit filed on July 14, Ceesay said he was entitled to D15.8 million in salary, allowances and retirement-related benefits, in addition to the D4 million in vindicatory damages awarded by the Supreme Court in its July 7 judgment.

The government has challenged the claim, arguing that several of the benefits sought, including pension and gratuity, are not yet payable under the law. It has also asked the court to extend the 60-day deadline set for compliance with the judgment.

Ceesay’s affidavit states that the claim represents the salary, allowances and other benefits he would have earned had he completed his statutory nine-year term as Auditor General. He says the calculation covers the period from Sept. 15, 2025, when he was removed from office, until the expiry of his term.

The claim includes unpaid salary, allowances, gratuity and pension benefits, with a detailed computation attached to the affidavit.

In response, the government filed an affidavit sworn by Senior State Counsel Abdoulie Badjie, who argued that the claim exceeded what was permitted under the National Audit Office Act, 2015.

According to the affidavit, Ceesay was appointed Auditor General on Nov. 14, 2022, and assumed office on Nov. 26, 2022. While acknowledging that the law provided for a maximum nine-year tenure, the government maintained that the completion of the term would not automatically entitle him to pension and gratuity before reaching the statutory retirement age.

The State argued that pension and gratuity become payable only upon retirement and after approval by the National Audit Office Board in consultation with the President. It further contended that Ceesay would not have reached the statutory retirement age by the time his term expired.

The government also requested additional time to comply with the judgment, saying more than the 60 days ordered by the court would be required to determine and process any payments due.

According to the affidavit, the Attorney General’s Chambers has experienced difficulties obtaining the financial records required to calculate the amount payable and has so far secured only two of Ceesay’s payslips.

One of the payslips, dated September 2025, shows a gross monthly income of D174,342, comprising a basic salary and several allowances, including responsibility, housing, telephone, residential and professional allowances.

The State argued that allowances linked to the office, including responsibility, telephone, residential and professional allowances, should not continue after Ceesay ceased serving as Auditor General.

Ceesay’s legal team maintains that because the Supreme Court declared his removal unlawful, he remains entitled to the full salary and benefits attached to the office for the remainder of his statutory term.

The matter is adjourned until next Tuesday, when the court is expected to consider the parties’ competing calculations and the government’s application for an extension of time to satisfy the judgment.

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