Bar Association Concerned About State of Judiciay

The Daily Observer (Banjul)
NEWS
February 7, 2003
Posted to the web February 7, 2003

By Omar Bah
Banjul

Sam H George, president of the Gambia Bar Association, has said his
association will not condone any interference in the judiciary, vowing that
the bar is determined to challenge any further violation of the
constitution.

Mr George, speaking to the Daily Observer yesterday following lawyers'
protest at the recent state of affairs in the judiciary said, unless the
Chief Justice is allowed to assert and maintain his leadership of the
judiciary without interference from other quarters, "the speedy
dispensation of justice will continue to be impaired." He argued that the
procedure employed in sacking magistrates and judges over the years is
wrong.

Below we reproduce the full text of the protest statement: There is growing
concern in the legal profession about what is happening to the judiciary.
The interference has come to a stage where the Bar Association must make
its voice heard.

In the past. Magistrates were sacked because they made orders which the
Government did not like. The proper procedure for sacking them was not
followed. No reference was made to the Chief Justice so that he could query
them for any alleged wrongdoing and giving them the opportunity of being
heard. Unfortunately no reaction came from the Bar.

Seeing that no voice was heard in this unconstitutional mishap a further
step was taken when a High Court judge who was on contract had his contract
terminated while he was on holiday. No reason or apparent reason was
advanced for this unconstitutional mishap. Indeed the judge was not
afforded the opportunity of being heard. We regret that no reaction came
from us.

Proceeding onward. Still guided by the unconstitutional design a Supreme
Court judge, the only Gambian judge in the highest court of the land had
his appointment terminated by the secretary of state for Justice. The judge
quite rightly resisted the foolish letter as being unconstitutional. In
order not to inflame a crisis. He tendered his resignation.

This time the Bar Association reacted positively by boycotting all the
courts. Prior to this a senior Government legal practitioner wrote to the
Chief Justice to have a criminal case which was being tried by a Gambian
High Court Judge transferred to one of the non-Gambian judges. No reason
was given. It was very embarrassing when the judge produced the letter in
open court before returning the case file to the Chief Justice.

When the last Chief Justice's contract ended, according to the 1997
Constitution the most senior judge of the Supreme Court was to act as Chief
Justice until a substantive holder was appointed. The senior judge in the
Supreme Court, all the judges in the Court of Appeal and the two Gambian
judges in the High Court were by passed and a junior judge was asked to
act.

We are not sure whether this was favouritism, however this was another
violation of the 1997 Constitution.

It was also observed that after the April 10 and 11 cases the security
personnel of a Gambian judge were withdrawn. This was very unfortunate.

All these deliberate violations of the 1997 Constitution forced the Gambia
Bar Association to petition His Excellency the President of the Republic
for an audience.

A petition was accordingly sent on July 31, 2002. There was no
acknowledgement or reply. Again on November 12, 2002, a reminder was sent,
still no acknowledgement or reply was received. It is rather unfortunate
that a professional body should be treated in such a manner. However, we
are not going to sit by and allow any further violation of the
constitution.

Quite recently, we learnt that the Chief Justice made recommendation for
the promotion of the two senior Gambian judges to the Court to Appeal and
sent it to the secretary of state for Justice. That recommendation was
completely ignored and in its stead, the same judge was recommended for
promotion to the Court of Appeal.

The two Gambian judges have been working tirelessly without fear or favour,
if the recommendation of the Chief Justice had been accepted. The Court of
Appeal would have been Gambianised. It is a shame that we do not appreciate
our own brothers and sisters.

Taking into consideration what had happened, our only female judge who has
sacrificed her legal practice to go on the bench tendered her resignation.

To be a judge in The Gambia is a great sacrifice due to many factors: the
salary is very poor, your life is at stake, maintenance of the dignity of
the office is lacking etc. Having seen the frequent violation of the
constitution, it is doubtful whether any competent and intelligent Gambian
will take the challenge to go on the bench. At present, there is no
encouragement for Gambians to go on the bench.

Where are the judges in the judiciary? In the Supreme Court only the Chief
Justice is on post. In the Court of Appeal, only one Gambian judge and a
non-Gambian who has not yet taken the oath of office. In the High Court, we
have two Gambian judges and two non-Gambian judges. The panel of all the
courts should be as follows: Supreme Court, at least five judges and not
more than seven.

Court of Appeal, at least three judges and not more than four High Court
seven judges The above figures show that neither the Supreme Court nor the
Court of Appeal can sit. Is the judiciary being wound up?

There has been too many interference in the judiciary. If the powers that
be can refrain from this practice it will enhance the speedy dispensation
of justice.

The Gambia Bar Association will challenge any further violation of the
Constitution."




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