We can only say "Finally!"...to the Gambia Bar association. They have at
last realised their role as guardians of the rule of law. It is about time
that the Gambian Bar manifest to the Government of the day that they cannot
go about interfering with the Judiciary at their pleasure. The sacking of
Justice Jallow is a shame and the Attorney General should be ashamed of
himself. He is supposed to be a lawyer and the provisions of the
Constitution are clear even to the lay man.But the Attorney General is so
engrossed in self preservation that he would not say a word of sensible
advise to Jammeh in case he looses his job too. This is just a shame to the
Gambian legal system.
Justice jallow is a man of intergrity, a man of justice. If the Govenment of
the day did not want any ruling against the Indemnity Bill, (the handiwork
of the Attorney General), they should never have drafted such an
unconstitutional and obnoxious bill. They cannot blame JUSTICE JALLOW for
doing justice.The Attorney General should have seen  that the Bill is bad.
This is not the first time a judge is sacked in the Gambia, but thank God
this is the first time that the Bar is seen to be doing something about it.
Whilst the present Attorney General was President of the Bar, memebers of
the Judiciary were sacked willy nilly. He would not do anything or even say
anything against it. Atleast with him being finally appointed as AG we now
know where his interest lay.
When he left he handed the Presidency over to Bola Carol, virtually on a
silver platter and he too would not do anything to displease him as AG. The
dismissals continued and Bola would not bulge.
It is now clear that with a man like Sam George with his experience at the
Bar, the Bar finally has a true leader who will ensure that the Bar does
rise to the expectations of the Gambian people.
I do hope that there will also be solidarity at the Bar and support for Sam
George to see these protests through because a lot of the lawyers at the bar
are also well known for self above national interest and the rule of law.

Sams.


>From: Beran jeng <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: FWD:Judge's Sacking Causes Lawyers' Court Boycott Gambian
>     Judiciary Grinds to a
>Date: Mon, 29 Jul 2002 08:23:29 -0400
>
>Judge's Sacking Causes Lawyers' Court Boycott Gambian Judiciary Grinds to a
>Halt
>
>
>
>
>The Independent (Banjul)
>
>July 29, 2002
>Posted to the web July 29, 2002
>
>Banjul
>
>The Gambian Judiciary has ground to a halt as lawyers from across the
>country begin their boycott of the courts in strong protest over last
>week's
>sacking of Justice Hassan Jallow .
>
>The lawyers said beginning today (Monday) they will embark on a boycott of
>the courts that will last for three days to demand the withdrawal of the
>decision that saw Justice Jallow packing bag and baggage to leave the
>office
>he was occupying as Supreme Court judge until Thursday. A letter to Justice
>Jallow from Solicitor General Raymond Sock did not indicate the source of
>the directive but sources link Jallow's sacking to a string of court
>decisions, which did not favour the state. Another reason being attributed
>to his sacking is his absence in the July 22 anniversary celebrations.
>
>Meanwhile irate Gambian lawyers said they were showing their displeasure
>over what they described as the unceremonious sacking of Justice Jallow,
>which was also unconstitutional.
>
>Expressing the lawyers' dismay a July 26 press release from the Bar,
>described the move as a blatant disregard for the rule of law and a clear
>interference with the independence of the judiciary.
>
>Lawyers said the boycott would affect the whole judicial hierarchy from the
>Magistrates to the Supreme Court.
>
>The newly elected president of The Gambia Bar Association Sam George told
>journalists that the protesting lawyers are legitimately acting as human
>rights defenders to demand for justice in Justice Jallow's case, which was
>a
>clear indictment of the government. They warned that they would apply
>zero-tolerate to continual executive interference with the independence of
>the Gambian judiciary. He said even those from whom the directive emanated
>know that the sacking of Justice Hassan Jallow one of the most senior
>judges
>of the Supreme Court was a clear violation of the constitution and a
>deliberate attempt by the executive to undermine confidence in the
>independence of the judiciary.
>
>As a result The Gambia Bar Association has ordered that all practising
>lawyers in the country are to take part in the court boycott that runs
>until
>Wednesday to demonstrate their spleen over a decision whose source of
>directive is still not known.
>
>Although the government did not give any reasons behind Justice Jallow's
>sacking, speculation is however rife that it could as well be connected
>with
>a number of recent rulings made against the state in some critical
>constitutional cases one of which was the case of the Indemnity Bill.
>
>Hassan Jallow was the sitting judge in those cases, whose outcome had not
>pleased the state.
>
>The Supreme Court in this case ruled in favour of the litigant Ousman
>Sabally who took his case to the Supreme Court when the government came up
>with the Indemnity Act, practically indemnifying all members of the
>security
>forces or agents acting on behalf of the government from any criminal
>prosecution in the Gambian courts. Mr. Sabally accused the paramilitaries
>of
>assault during the students' demonstration two years ago and protested the
>case in the courts.
>
>The Indemnity Act has a retroactive effect, which means that atrocities
>committed against innocent civilians even months before its enactment could
>not be challenged in the courts. But Mr. Sabally convinced, that his
>fundamental human rights have been violated because of this Act went to the
>Supreme Court to seek redress and the court ruled against the state on two
>occasions.
>
>And since Justice Jallow's sacking on Wednesday, speculation has been rife
>that it may be connected with this ruling.
>
>But the president of The Gambia Bar Association Sam George described
>Jallow's sacking as improper and unconstitutional. He said a few people
>would not be allowed to continuously tarnish the good image of The Gambia.
>
>'The courts are the last beacon of hope for ordinary Gambians and therefore
>everything should be done to preserve the independence of the judiciary' he
>posited.
>
>This is not the first time, however that a judge is being unceremoniously
>sacked without explanation. A few years ago, Justice Robin Coker was also
>fired in similar fashion, without the state bothering to give explanation,
>opening the floodgates for a tide of speculations.
>
>After his firing a number junior and senior magistrates also got the sack
>in
>too humiliating a manner without much noise from the Bar. But according to
>George this time around, they would not let Jallow's sacking go
>unchallenged.
>
>He called for an unconditional withdrawal of the sacking order and the
>government's unreserved apology to Justice Jallow.
>
>'This has to stand or else we are ready for the worst. The independence of
>the judiciary has to be observed and respected' he posited.
>
>
>
>
>
>
>
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