49 yrs later,  we still rely on foreign nationals as magistrates and
justices. Perhaps it is high time for the defendants to demand that only
Gambian justices arbitrate  on their behalf.

Apparently,
  "..was particularly impressed with human rights issue, the
co-existence of fellow human beings, respect for religion that was
extremely great," he said, while defining justice as "the faculty of the
soul from which close actions lead to the sustenance of the system on
which human civilization rests."

chei,

Malanding



    Pakistani int'l judge sworn-in as Gambia's new chief justice

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Friday, March 07, 2014

*A Pakistani international legal luminary, who served as a judge at The
Hague based International Criminal Tribunal for the former Yugoslavia
(ICTY), was Thursday sworn in as the new chief justice of The Gambia.*

*
*

Justice Eli Nawaz Chowhan, who took oaths of office, secrecy and
allegiance before the Gambian leader and members of his Cabinet as well
as the Pakistani ambassador to Banjul, replaces Ghanaian-born Justice
Mabel Agyemang, who was recently shown the exit door after a brief stint
at the helm of affairs.


Chowhan, who becomes the second Pakistani to get the Judiciary's top job
in The Gambia, was sworn in alongside two other senior judges -- Justice
Emmanuel Fagbenle as president of The Gambia Court of Appeal and Justice
Oledi Uko Uduma as a High Court judge.


Speaking at the occasion, His Excellency Sheikh Prof. Alh. Dr. Yahya
Jammeh thanked the new Judiciary boss and the two judges for accepting
the challenge, assuring of his government's commitment to ensuring
quality dispensation of justice. He commented on the importance of the
third arm of the government, but hastened to lament the many issues
confronting sector.


  "Every appointment comes with responsibilities and the most important
responsibility is safeguarding the trust reposed in you," Jammeh told
the new adjudicators.


"We have appointed you as a brother to serve your second home and I have
no doubt in your ability and integrity. Justice is universal but
constitutions are unique and you are sworn-in as chief justice of The
Gambia to implement Gambian laws, which are not promulgated by me, the
president, but by the people of The Gambia so that every Gambian and
anybody in this country will live according to the laws of this country
so that there would be peace and order in this country."


The head of state also used his speech to comment on the longstanding
relationship between The Gambia and Pakistan, a bond he said, that has
grown into brotherly ties. He thanked Pakistan for contributing to the
continued peace and security of The Gambia. He assured the newly
sworn-in officials of his support at all times.


Speaking on behalf of his colleagues, Chief Justice Chowhan said he was
honoured to be accorded such a privilege to serve in the Gambian
judiciary. He commended President Jammeh for the powerful speech he
delivered in Nigeria during that country's centenary celebration.


"I was particularly impressed with human rights issue, the co-existence
of fellow human beings, respect for religion that was extremely great,"
he said, while defining justice as "the faculty of the soul from which
close actions lead to the sustenance of the system on which human
civilization rests."


The CJ said he is particularly happy to note that rule of law exists in
this country, observing that the Gambian constitution is a "wonderful
document which I have read". He described as "extraordinary and unique'
articles 214 of the constitution, which talks about dedication to
democracy, peace, prosperity and justice as well as 199, which creates a
civic education body to indoctrinate people with the ideals and goals of
the country's sacred scripture.


Other areas that fascinated me are the Law Foundation for the
Development of Laws, Law Reform Commission Act, the Legal Aids Act, Cadi
Courts Act, the Economic Crime Act, Hoarding Prohibition Act and the
Courts Act itself relating to the administration of justice as well as
the Ombudsman Act, he told the gathering.


"Some most advanced countries would also be missing these points,
actions you take for instance on Law of Trafficking, you don't find many
of them in great constitutions of the so-called world," he said.


The Pakistani, who was praised for a rich and distinctive career,
promised to deliver to the best of his ability quality and dispensation
of justice in The Gambia.


Vice President Aja Dr. Isatou Njie-Saidy and other Cabinet members also
congratulated the new officials on their appointments and assured of
their continuous support and collaboration whenever the need arises.


*Brief profile of the CJ*

Eli Nawaz Chowhan is an international legal practitioner with over three
decades experience. He has previously served in various international
functions as judge including the International Criminal Court for Former
Yugoslavia. He was elected by the UN General Assembly at the time to
serve as a judge at The Hague in 2006. He was also a Legal adviser to
the president of Pakistan on International Law and Administration. He
has also served in the Appeal Court of Pakistan. Chowhan is also a
visiting Professor who did his legal training from Columbia Law School.
He is a trained Professor in Sharia from Saudi Arabia amongst a host of
others.

Author:*Musa Ndow*


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