Yus
This is an interesting case, just imagine if the Bar
Association takes up a legal challenge against Justice
Itam's, which Supreme Court Judge will hear this case?
Secondly, since the case concerns Justice Itam's
appointment, how will he able to assign this case to
other Judges of the Supreme Court.
Coming to the business of NAMs, I have to say the
situation would have been different if Itam was
suppose to administer the Swearing Ceremony of NAMs,
don't be surprise to have heard that Halifa, Sidia and
Hamat raised their objections, with regards to the
rest, APRC NAMs they would have complied with fake
dogma-SHERRIFF MUSTAPHA DIBBA's understanding of
NATIONAL INTEREST. In fact FJC would have been in high
spirits to challenge Halifa not to turn the Assembly
into a Constitutional University.
This business of Yahya flouting the constitution is
not something new in the Gambia, remember that Bishop
Johnson and Co were sacked without having regard to
section 42 of the Constitution.
With regards to the Bar Association, lets hope Joseph
Joof is brave enough to acknowledge that as The Gambia
Chief Legal Adviser, he erred for not objecting to
Itam's appointment.
Cheers
Sanusi Owens
--- Y C Jow <[log in to unmask]> wrote: > I guess his
honorary Mansa just appoints chief
> justices without consulting
> either the parliament or rest of judiciary.
>
> Can someone help me out with what the constitution
> says about this? If the
> appointment is unconstitutional why didn't concerned
> NAMs discuss it in
> parliament?
>
> IMO - these foreigners are really suspect
>
>
> Chief Justice’s appointment “unconstitutional”
> Lawyers disagree with Itam’s
> appointment Bar called to take action
>
> The appointment of Justice Okoi Itam as Chief
> Justice has not gone down well
> with some members of The Gambia Bar Association who
> described it as wrong and
> unconstitutional. The disapproving members of the
> bar argued that Itam was
> appointed as Chief Justice by the president without
> giving due respect and
> consideration to what they called unambiguous
> constitutional stipulations,
> which call for the appointment of the most senior
> judge under the
> circumstances of a vacancy. One lawyer told The
> Independent that Gambian
> lawyers should take issue with the matter and
> challenge it on the grounds of
> its lack of constitutional appeal.
> She believes that to keep mum over the issue would
> be one of the greatest
> disservice against the time-honoured cause of the
> judiciary, which must be
> seen to respect constitutional declarations.
> According to her Justice Itam’s
> appointment as Acting chief justice of the country
> was indefensible. She
> quoted Section 140 of the constitution, which deals
> with vacancy in office of
> Chief Justice. “In the event of there being a
> vacancy in the office of the
> Chief Justice, or if he or she is, for any reason
> unable to perform the
> function of his or her office, the president may
> appoint the most senior
> judge of the Supreme Court to act in that office”
> she quoted the section as
> stating.
> The lawyer who said Itam’s appointment signifies
> an undesirable precedence
> for breaking norms set out by the constitution,
> further argued that even if
> the president had not appointed the most senior
> judge of the Supreme Court,
> his appointee should have come from within the
> Supreme Court instead of the
> High Court, the lowest court in the higher courts of
> the country, where
> Justice Itam belongs. She also suggested that in
> view of the strength of
> these hurdles against his appointment, Justice Itam
> would have been better
> off rejecting the offer to act as Chief Justice.
> According to another lawyer, “Itam’s appointment
> is very irregular, which
> makes it feasible to challenge it in the Supreme
> Court. It is just a matter
> of interpretation of the constitution,” he
> posited. Other lawyers of the bar
> also did not hide their disapproval of Justice
> Itam’s appointment as acting
> Chief Justice. They called on the Bar to take action
> against what they called
> the naked violation of the constitution, “which is
> explicit about the
> issue”. Efforts to speak to Justice Itam and the
> Judicial Secretary Reuben
> Phillot were futile. Acting Chief Justice Itam who
> has not been sworn in has
> no power to preside over any case under the
> circumstances. The appointment of
> Itam, was reportedly hastily made last week.
>
>
>
>
>
>
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