The
appointment of a Gambian legal luminary, Alhaji Hassan Bubacar Jallow, to the
high and coveted office of Chief Justice of The Gambia, has been welcomed with
euphoria and hope by Gambians from all walks of life.
The
International Community and Human Rights organizations are also reported to be
enthusiastic about the appointment of the new Chief Justice.
To
many people, Alhaji Hassan Jallow represents hope and renewal, and an
opportunity to revive the Judiciary, which has lost public confidence and whose
integrity is in tatters.
After
twenty-two years of misrule, during which foreign judges aided and abetted a
brutal dictator by using the judiciary as an instrument of suppression and
oppression, Gambians are looking forward to an independent, impartial and
strong body, that will give justice its
true meaning by upholding the rule of law through the equitable dispensation of
justice.
The
immediate challenge facing the new Chief Justice is the ability to initiate
bold and innovative reforms that would vindicate the Judiciary before a
frustrated public, whose only experience with foreign judges are protracted
litigation over trumped-up or politically-motivated charges, dubious verdicts,
and long jail terms.
The
new Chief Justice, as a matter of urgency, should review the selection and
retention criteria and put in place a vigorous system to ensure that
magistrates, judges and judicial staff are the best professionals with the
requisite qualifications, integrity and moral rectitude.
The
way courts are conducted, the accountability of the Judiciary, the complaints
procedure against the legal profession, the education of and training of
judicial staff and the way legal services are delivered to the public should
all be the subject of critical examination and redress.
We
wish to draw the attention of the new Chief Justice, that under the defunct
regime, the only people who were immune from judicial harassment were the
cohorts and apologists of the Dictator.
It
is, therefore, imperative that under our system of separation of powers, the
new Chief Justice should re-engineer and reposition the Judiciary to restore
the traditional values of the law, which is anchored on the principle of equal
justice for all.
While
we advocate for an independent judiciary, we would also call for the
articulation and enforcement of a Code of Conduct to which all judicial staff
will scrupulously adhere.
In
the same vein, the new Chief Justice should strive to protect Magistrates and
Judges, indeed all judicial staff from influence-peddlers and agents of
corruption.
An
attractive remuneration and benefits package buttressed by excellent conditions
of service, including security of tenure, will not only serve as an antidote to
corruption, but will facilitate the recruitment
and retention of the best and the brightest for the Judiciary.
We
also wish to encourage the new Chief Justice, to reach-out to the nation’s
senior lawyers who are not tainted by service to the defeated Dictator, and
encourage them to make the transition from the “Bar to the Bench” in service to
the nation.
We
make this appeal, not out of xenophobia but because Gambians are now allergic
to foreign judges.
The
wounds inflicted on Gambians by foreign judges under the erstwhile regime are
still raw and memories of how they perverted the law to perpetuate a brutal and
tyrannical regime are still fresh in our minds.
They
were demi gods who presided over our fates and determined with arrogance, who
should and should not enjoy freedom, liberty or life.
In
short, the foreign judges were the enablers and facilitators of the reign of
terror and impunity. It is clear from this perspective, that appointing a
foreign judge to be Chief Justice or to strategic judicial positions is
tantamount to surrendering our sovereignty.
The
Gambia has always welcomed lawyers, jurists and judges from abroad, but we must
from now on avoid the mistake of entrusting a whole arm of government to a
foreign national.
If
need be,
the Chief Justice should work
with reputable institutions such as the
Commonwealth Fund for Technical Cooperation
to fill-in vacancies where local expertise is unavailable.
The
desire for change is palpable and the tempo for change must be accelerated to
meet the high expectations of Gambians, who have gone through the darkest days
of tyranny. In spite of the colossal challenges facing the Judiciary, Gambians
have confidence in the new Chief Justice.
Given
his qualifications from the University of Dar es Salaam, Tanzania, the Nigerian
Law School and University College, London, Alhaji Hassan Jallow is well placed
to shoulder the heavy responsibility of leading the Gambian Judiciary.
Given
his multi-faced experiences as a former Solicitor-General, Attorney-General,
Supreme Court Judge and Prosecutor of the International Criminal Tribunal for
Rwanda, we are confident that the new Chief Justice will deliver as
expected.
We
pray that Allah will grant the new Chief Justice the requisite wisdom and
fortitude to lead and transform the Judiciary for the benefit of The Gambia and
Gambians.
Justice
begets Peace
The
Point
