Justice Hassan Jallow Fired Action Bewilders Lawyers, Judges
The Independent (Banjul)
NEWS
July 26, 2002
Posted to the web July 26, 2002
By Omar Bah
Banjul
Justice Hassan Bubacarr Jallow of the Supreme Court has had his services
terminated reports reaching The Independent suggest.
According to sources a letter of July 23 to that effect signed by the
Solicitor General Raymond Sock from the Attorney General's Chambers was
forwarded to Justice Jallow the very day it was signed.
According to reports although the did not indicate where the directive
emanated from, it categorically pointed out that Justice Jallow's services
with the Supreme Court were no longer required.
According to reports immediately after receiving the letter, Justice Jallow
tendered his resignation and packed out of the office.
According to subsection 4 of the Gambian constitution 'a judge of a
superior court may only be removed from office for inability to perform the
functions of his or her office, whether arising from infirmity of body or
mind, or from misconduct.' It is far from certain whether such factors were
applicable in his removal.
Although plausible reasons for his termination are hard to come by Justice
Jallow's removal may have something to do with his recent ruling in a case
between Ousman Sabally and the state that went against the latter.
Another less plausible reason is being linked with his reported absence at
the July 22nd celebrations on Monday.
Justice Hassan Jallow, who is also a sitting judge in The Hague, was the
Attorney General and Minister of Justice in the first republic for about
ten years. He later got his appointment as the only Gambian Supreme Court
judge following the advent of the Supreme Court as the highest court of law
on the land during the second republic.
Lawyers at the High Court are jittery over Justice Jallow's removal. As the
news descended on the court precinct Wednesday the atmosphere was one of
bewilderment, sorrow and anxiety.
One female lawyer commenting on the situation said, it was interesting that
Justice Jallow's termination letter did not indicate the source of the
directive. 'Everybody knows that a judge cannot be terminated in that
manner' she argued.
She said the national constitution has made provisions for the termination
of judges, which are to follow stipulated procedures. 'The state cannot
dismiss a judge at pleasure nor can civil servants be dismissed at
pleasure' she indicated. She observed that a situation was arising where
everything was being taken for granted because people have not bothered to
challenge unconstitutional actions, leaving their perpetrators to enjoy
impunity for too long.
The lawyer called on the entire Bar and Bench to boycott the courts and
demand explanation from the government for what they described as its high-
handedness.
The Gambia Judiciary is no stranger to such shake-ups in the second
republic. Justice Robin Coker of the High Court, Ousman Jammeh formerly
High court Master, Magistrate Borry Touray, L.K Mboge and Magistrate Darboe
all suffered the same fate.
Meanwhile section 141 subsection 2 © of the 1997 constitution states
that, 'subject to the provisions of this section, a judge of the superior
court © may have his/her appointment terminated by the president in
consultation with the Judicial Service Commission.' Subsection 5 reads, 'a
judge may be removed from his/her office if notice in writing is given to
the Speaker, signed by not less than half of all the voting members of the
National Assembly, of a motion that a judge is unable to exercise the
function of his or her office or any of the grounds stated in subsection 4
proposing that the matter should be investigated under this section.'
Subsection 6 reads, that 'when a motion of notice is received by the
Speaker under subsection 5, the Speaker shall forthwith cause a vote to be
taken on the motion without debate.'
Subsection 7 reads, 'if such motion is adopted by the votes of not less
than two third of the National Assembly shall, by resolution appoint a
tribunal consisting of three persons, at least one of whom shall hold or
shall have held high judicial office, he shall be the chairman of the
tribunal'.
Subsection (b) reads 'the tribunal shall investigate the matter and shall
report to the National Assembly through the Speaker whether or not it finds
the allegations specified in the motion have been substantiated.
'(C) If the tribunal reports to the National Assembly that it finds the
particulars of any such allegations have not been substantiated no further
proceedings shall be taken in respect of that allegation.
'(D) If the tribunal reports to the National Assembly that it finds that
the particulars of any such allegations have been substantiated, National
Assembly members shall consider the report at the first convenient meeting,
and if, or a motion supported by the votes of not less than two third of
all the members, the National Assembly resolves that the judge be removed
from office, the judge shall immediately cease to hold office'.
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