Dr. Alieu Gibba, UTG Lecturer
By Landing Ceesay
Dr. Alieu Gibba (1st Plaintiff) and Professor Matarr Njie (2nd Plaintiff), both former lecturers at the University of The Gambia (UTG), have filed a GMD 5,000,000 lawsuit against the university at the Kanifing Industrial Tribunal, alleging “wrongful” termination of their contracts.
The two academics were dismissed from their positions at the country’s top educational institution following accusations of spreading false claims about the university’s promotion process. They are now challenging their dismissals and seeking compensation for reputational harm and distress.
In their legal action, Dr. Gibba and Professor Njie are requesting the Tribunal to declare their dismissal as unlawful, unfair, and malicious, asserting that it violated the principles of natural justice and breached their employment contracts. They are also seeking an order for their immediate reinstatement at UTG.
Additionally, the plaintiffs are demanding GMD 5,000,000 in damages for reputational harm and emotional distress resulting from their dismissal. They are also requesting legal and administrative fees of GMD 200,000.
The lecturers are seeking interest at a rate of 25% per annum from November 15, 2024, until the judgment is delivered, with an additional 4% interest until the final judgment sum is paid.
Their legal claim includes a 21-paragraph statement outlining their grievances against UTG and Bobo Baldeh, the Acting Registrar of the university.
According to the plaintiffs, both Dr. Gibba and Professor Njie are senior lecturers at UTG. Dr. Gibba holds a PhD in Business and Agricultural Economics, while Professor Njie is an Associate Professor of Economics. Dr. Gibba has been a full-time lecturer at UTG for 11 years, and Professor Njie has served the institution for 8 years.
The plaintiffs claim that a letter dated July 10, 2024, signed by Bobo Baldeh, accused them of misconduct related to social media comments they allegedly made. However, they argue that the letter lacked specific allegations for them to respond to. They further claim that a subsequent response to the accusations led to a disciplinary hearing scheduled for August 23, 2024.
“By a letter dated the 10th day of July 2024 signed by the 2nd defendant, sweeping allegations of impropriety and misconduct were made against the plaintiffs revolving around purported utterances they made on social media. The letter failed to disclose any specific or pinpoint allegation that the plaintiff could respond to. By a letter dated the 15th day of July 2024, they responded to the said unstructured and tetchy allegations, prompting an invitation to a disciplinary hearing dated the 23rd day of August 2024, again from the 2nd defendant,” the plaintiffs stated.
The plaintiffs further claimed that during the scheduled disciplinary hearing, the defendants failed to provide any evidence to support the allegations leveled against them. Instead, the defendants shifted the burden of proof, requiring the plaintiffs to present evidence to prove their innocence.
Additionally, the plaintiffs asserted that the disciplinary panel was improperly constituted, as it included members of the UTG Senate and Governing Council—entities allegedly implicated in the very allegations under investigation. They argued that this not only violated the principles of natural justice but also undermined the right to a fair hearing.
“By a press release issued by the 1st defendant (UTG) and signed by the 2nd defendant (Bobo Baldeh) on or about the 12th day of November 2024, the 1st Defendant institution implicitly confirmed that the make-up of the disciplinary committee at least created an appearance of bias as some of the members were drawn from the UTG Governing Council and Senate who are the aggrieved party against the plaintiffs. The principles of fairness and natural justice supersede any purported provisions in the UTG conditions of service and the unique nature of the allegations against the plaintiffs demand a purely independent and external enquiry to serve the interests of justice,” the Plaintiffs stated. The Plaintiffs contend that the responsibility to substantiate the allegations made against them lies entirely with the Defendants. Citing the well-established legal principle, “He who asserts must prove,” the Plaintiffs maintain that this maxim aptly applies to the present case.
They further assert that the baseless allegations against them have drawn significant public attention, particularly on social media. The Plaintiffs described the accusations of dishonesty and corruption as not only unfounded but also scandalous and outrageous.
“The said allegations have indeed brought their names into disrepute and scarred their reputation and standing as respected scholars and members of society. The plaintiffs have taught thousands of individuals at the University of the Gambia and beyond, and the unsubstantiated allegations have fundamentally lowered their standing and credibility in the eyes of that student community and the academic fraternity as a whole. “Interestingly, by a letter dated the 15th day of November 2024, the 2nd defendant wrote to the plaintiffs to communicate their dismissal from employment with immediate effect, apparently emanating from the disciplinary hearing process against the plaintiffs. The 2nd defendant did not specify the source of his power or directive to dismiss the plaintiffs, nor was any notice of dismissal served on the plaintiffs,” the Plaintiffs said.
Dr. Gibba and Professor Njie said they were never afforded any meaningful opportunity to participate in a disciplinary hearing after they expressly raised a legitimate objection to the constitution and impartiality of the disciplinary panel.
The duo stated that the outcome of the purported disciplinary process was never communicated to them, nor were they afforded an opportunity to formally engage the witnesses who apparently testified before the panel.
“Essentially, the allegations against the plaintiffs were never properly investigated and substantiated to warrant dismissal action against them. The sudden and unwarranted dismissal of the plaintiffs has brought emotional distress, pain, and suffering to themselves, their families and the many students they teach at the University of the Gambia who are on the verge of sitting for exams. It is a travesty of justice if the plaintiffs are not immediately reinstated to their positions, paid compensation for damages as well as all expenses incidental to this legal process. It is in the interest of justice, equity and fairness to grant this application,” the Plaintiffs sought.