The High Court Annex in Banjul has ordered Accountant General Agnes Macaulay to appear and explain why contempt proceedings should not be initiated against her for allegedly failing to comply with a previous court directive. This significant development in the ongoing legal dispute notes the judiciary's commitment to upholding its orders. Justice Sonia Akinbiyi K.J.W. Issued the order, requiring Ms. Macaulay to show cause regarding her alleged non-compliance. The court mandated the Accountant General to explain why she should not be committed to Mile 2 Central Prison, the central correctional facility. This was in response to her alleged failure to comply with a High Court order issued on March 12, 2026. The court’s order stated that Ms. Macaulay had allegedly failed "directly, knowingly and persistently" to comply with the earlier High Court instruction, leading to the current contempt proceedings. These proceedings involve SHYBEN A. MADI & SONS LIMITED as the applicant, seeking redress, and the Government of The Gambia, represented by the Ministry of Agriculture, the Accountant General, and the Attorney General, as the designated respondents. The court's directive requires Accountant General Agnes Macaulay to appear and explain why contempt proceedings should not continue against her, showing the gravity of the situation.
Background of the Judgment
The High Court's directive stems from a judgment issued on July 7, 2025, by Justice Sonia Akinbiyi K.J.W. Which ordered the first and third respondents to pay SHYBEN A. MADI & SONS LIMITED a sum of US$529,644.75. This judgment was a key moment in the legal battle. SHYBEN A. MADI & SONS LIMITED, the applicant in the proceedings, had claimed it was coerced into paying this amount, specifically US$529,644.75, to the Ministry of Agriculture. The case lists the Government of The Gambia, represented by the Ministry of Agriculture, the Accountant General, and the Attorney General, as the respondents in this matter.
Following the judgment, an application for a Certificate of Order Against the State was filed on July 30, 2025. This certificate is a key legal instrument in cases involving the government. The certificate was subsequently issued on the same day, July 30, 2025, indicating the swift progression of this aspect of the case. On March 12, 2026, the High Court issued a specific order directly instructing the Accountant General to pay SHYBEN A. MADI & SONS LIMITED the sum of US$529,644.75, in addition to D10,000 in legal costs. This order explicitly outlined the financial obligations arising from the judgment. A follow-up letter regarding this payment was sent on April 9, 2026, reinforcing the applicant's efforts to secure compliance with the court's directive.
Escalation to Contempt
On August 14, 2025, solicitors representing SHYBEN A. MADI & SONS LIMITED wrote to both the Accountant General and the Attorney General, formally requesting the payment of the judgment debt. This initial communication aimed to facilitate an amicable resolution following the court’s ruling. The applicant's legal team subsequently served a pre-committal notice, dated April 2, 2026, on the second and third respondents in the case, namely the Accountant General and the Attorney General. This notice served as a formal warning of potential contempt proceedings if the court order remained unfulfilled. SHYBEN A. MADI & SONS LIMITED has stated that it has not received any response from the respondents regarding these communications, including the formal request for payment and the pre-committal notice. This lack of response is a key factor in the escalation to the current contempt proceedings.
In the ongoing proceedings, the court directed the Accountant General to pay the applicant the costs associated with and incidental to the application. This further financial obligation on the part of the Accountant General shows the court's stance on the matter. Justice Akinbiyi adjourned the case to July 9, 2026, at which point a hearing will be held to determine whether the Accountant General should be found in contempt of court. The court has clarified that no finding of contempt has been made against the Accountant General at this stage, emphasizing that the upcoming hearing will be key in making that determination. The purpose of this hearing is to allow the Accountant General to present her explanation for the alleged non-compliance.
State's Response and Next Steps
Counsel A.R. Dembelly, representing the State, informed the High Court that efforts were underway to settle the matter at the center of the contempt proceedings. This indicates an acknowledgment from the State's side regarding the seriousness of the situation and the need for a resolution. Justice Sonia Akinbiyi K.J.W. Had previously ordered Accountant General Agnes Macaulay to show cause why she should not be committed to Mile 2 Central Prison for alleged non-compliance with a court order. This order directly places the onus on Ms. Macaulay to provide a satisfactory explanation to the court. The original order, issued on March 12, 2026, directed the Accountant General to pay SHYBEN A. MADI & SONS LIMITED US$529,644.75 plus D10,000 in legal costs, a sum that remains outstanding.
This directive followed a judgment on July 7, 2025, which found in favor of SHYBEN A. MADI & SONS LIMITED against the Government of The Gambia, represented by the Ministry of Agriculture, the Accountant General, and the Attorney General. The judgment explicitly held the first and third respondents liable for the payment. SHYBEN A. MADI & SONS LIMITED has stated that it has received no response to its communications regarding the judgment debt, including a pre-committal notice served on April 2, 2026, which further notes the alleged lack of engagement from the respondents. The court has adjourned the case to July 9, 2026, for a full hearing to determine whether Ms. Macaulay should be found in contempt, emphasizing that no such finding has been made yet. The proceedings will continue to monitor the State's efforts to settle the matter and ensure compliance with judicial directives. The outcome of the July 9, 2026, hearing will be critical in deciding the next course of action regarding the alleged contempt.
