The Commonwealth Lawyers Association (CLA) has issued a statement over the weekend calling on the Gambia government and the Gambia Bar Association to maintain decorum over the bar’s legal challenge to the government’s appointment of a new chief justice, Edi Faal. CLA noted that GBA has commenced proceedings in the Supreme Court challenging the appointment of Mr Faal as chief justice.
The statement reads: “GBA’s statement emphasises that the proceedings are not an attack on Mr Faal, his person, integrity, competence or professional career. Rather, the GBA confirms that the question it brings before the Supreme Court is a constitutional one, namely ‘whether the appointment satisfies the requirements prescribed by the Constitution.
The CLA supports responsible law societies and bar councils that act to defend the independence of the legal profession and the Judiciary and to uphold the rule of law. A chief justice presides over a court that hears constitutional disputes, electoral petitions, human rights cases and other matters of national importance. The appointment of a chief justice is therefore central to maintaining public confidence in the administration of justice and the rule of law.
“The Commonwealth (Latimer House) Principles on the Three Branches of government, records that an independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice. The principles also affirm that an independent, effective and competent legal profession is fundamental to the upholding of the rule and the independence of the judiciary.
“It is in that context that the GBA, in placing a constitutional question before the Supreme Court for determination, and in undertaking to abide by the outcome, discharges the responsibility of an independent Bar to uphold the Constitution and the rule of law.
“The CLA encourages all parties to respect the right to bring the proceedings, to conduct themselves with dignity and in accordance with the highest professional standards, and to respect the decision of the Court when it is handed down.”