#Editorial

Good Morning Mr President: Justice delivery, AFCON

Jan 8, 2024, 10:27 AM

Mr President, the judiciary plays a fundamental role in society for upholding social order. Under your administration, it must be said, the people of The Gambia have been enjoying the independence of the Judiciary.
Nevertheless, adequate funding of the judiciary is a key element in ensuring and safeguarding the independence of the judiciary, judges and magistrates.  The judiciary also determines the condition in which the courts and judges perform their functions. Thus funding of the judiciary, including funds allocation, is a wide issue that needs serious and urgent attention.

Mr President, access to justice and the right to fair proceedings are not properly guaranteed if a case cannot be considered within a reasonable time by a court that has appropriate funds and resources in order to perform efficiently. Funding of the Judiciary is an important issue for all of society, particularly sectors of development like the economy. And implementation of cutbacks should not be done in a manner that undermines the independence of the judiciary, impedes access to justice or supports ill-intentioned outside interventions.

Mr President, it would be recalled that on 12 September 2023, the National Assembly by a vote of 21 to 18 rejected the Judicial Officers (Remuneration and other Entitlements) Bill 2023. It appears that the rejection of the Bill is a representation of the Government’s setback to our national effort to consolidate democracy and the rule of law based on the independence, efficiency and integrity of the Judiciary. It is important to note that judicial independence is very much dependent on the security of tenure of judges and magistrates, and on the conditions of service which promote judicial integrity. It is hence important that your Government expedite the process of reintroducing the Judicial Officers (Remuneration and other Entitlements) Bill 2023 in Parliament, and we urge the National Assembly to consider this Bill an important tool in the dispensation of justice, rule of law and good governance. In addition, to avoid delay in cases, charges before judges and magistrates must be dealt with effectively and efficiently.

Mr President, on 7 January 2023, the Chairman of the General Legal Council enrolled 27 Legal Practitioners. The enrollment of 27 Legal Practitioners brings the total enrollment of Gambian Legal Practitioners in the country to 554. The Chairman of the General Legal Council, who also doubles as the Chief Justice, urges Senior Legal Practitioners to refrain from sole practice as it negatively impacts the courts in fast tracking cases before it. He urges members of the Bar with Chambers to hire more young lawyers who can take up some of their cases, as this also contributes to the speedy dispensation of justice.

Mr President, for this to happen, it is important for your Government to recognise that for all those involved (the Bar and the bench) must be given the enabling environment to function without let or hindrance. Senior Lawyers must also provide good conditions (salary and other benefits) to young lawyers as this will contribute to encouraging young professionals in the field.

Mr President, on a final note, the AFCON competition will be held in Cote d'Ivoire from 13 January to 11 February this year. This is the second time The Gambia will be participating in the tournament. Our players should be motivated, and a written agreement between the Gambia Football Federation and the players should be done to avoid any dispute.  Football, as a matter of fact, brings resources and unity, and promotes the image of a country globally. Need we say, we should pray for the success of the Scorpions at the Mosques and Churches, and support them financially, for without money we cannot achieve good results.

The AFCON competition is a lucrative exercise, as the winner among the 24 teams will receive US$7,000.000 and the runner-up US$4,000.000. The two semifinalists will each receive US$2,500,000 and the four quarter-finalists will each receive US$1,300,000. The Gambia will play against Senegal on 15 January at 2pm; against Guinea Conakry on 19 January at 8pm, and against Cameroon on 23 January at 5pm.

It would be noted that in the 2022 AFCON in Yaounde, Cameroon eliminated The Gambia by 2-nil at the quarterfinals. We wish the Scorpions a successful campaign.

Good day!