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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