By Arret Jatta
The Gambia Bar Association (GBA) has made public its position on the reported appointment of Edi MO Faal as the new chief justice by declaring that Faal does not meet the constitutional qualifications for the position, raising fresh questions over the government’s reported choice for the country’s highest judicial office.
In a press release issued yesterday, the GBA said its General Membership reached the unanimous decision during an Emergency General Meeting held on July 6 to examine Faal’s eligibility under Section 139(2) of the Constitution.
According to the Bar Association, its position is based solely on the constitutional requirements for the office and should not be interpreted as a reflection on Mr. Faal’s integrity, competence or distinguished legal career.
“The sole issue of concern was whether the constitutional requirements for Mr. Faal’s appointment to the Office of Chief Justice have been met,” the statement said.
Following its deliberations, the GBA formally communicated its resolution to President Adama Barrow, the Chairman of the Judicial Service Commission and the Attorney General and Minister of Justice. The Association urged the authorities to carefully consider the constitutional issues it raised before concluding the appointment process.
The Bar Association noted that it does not ordinarily comment on judicial appointments. However, it said it considered it necessary to intervene because the proposed appointment raises what it described as “a serious constitutional question” that should be resolved before any appointment is finalised.
It stressed that adherence to the Constitution is essential to preserving the rule of law, safeguarding the independence of the judiciary and maintaining public confidence in the administration of justice.
The GBA said it has fulfilled its immediate professional responsibility by presenting its position to the relevant constitutional authorities and expects the matter to receive careful consideration.
The statement, signed by GBA President Neneh M.C. Cham, added that the Association will continue to monitor developments and “will not hesitate to take such further steps as may be appropriate” in defence of the Constitution and the rule of law.