Following the recent appointment of the current Chief Justice, legal proceedings have been initiated by The Gambia Bar Association before the Supreme Court of The Gambia to review whether the appointment meets the established constitutional requirements under Section 139 of the 1997 Constitution of The Gambia.
The primary legal question before the Court involves determining whether the requisite professional and jurisdictional criteria under Section 139 have been met. Proponents of the appointment emphasise the extensive legal career and litigation experience of the appointee, while petitioners contend that the constitutional criteria regarding specific judicial office or common-law practice qualifications were not strictly fulfilled.
In response to these developments, The Association of Non-Governmental Organisations (TANGO) is cognisant of the legal action currently pending before The Supreme Court of The Gambia challenging the constitutionality of the appointment of the current Chief Justice of The Gambia. We wish to emphasise the importance of judicial process, constitutional interpretation, and institutional stability during the ongoing litigation.
As a non-partisan organisation dedicated to upholding constitutionalism, the rule of law, judicial independence, and democratic governance, we deem it necessary to make our position clear to the public, without prejudice to the ongoing judicial process. Moreover, as TANGO, our interest is not in the personality of any office holder, but in upholding the principles of constitutionalism, transparency, and the rule of law.
We therefore, wish to state the following:
1. Respect for the Constitutional Process and Judicial Authority
We recognize that the Constitution of the Republic of The Gambia provides the supreme legal framework for all appointments to high public offices, including that of the Chief Justice. Where any citizen or entity has concerns regarding compliance with constitutional provisions, the proper and lawful recourse is to seek judicial interpretation and review.
2. Adherence to the Sub-Judice Principle
We are fully cognisant that the matter is now sub-judice. This statement does not seek to examine, debate, or pronounce on the merits, demerits, legality or constitutionality of the appointment in question. To do so would be improper and would risk interfering with the independence of the Court. We urge all actors, including political parties, media houses, legal commentators and the general public, to exercise maximum restraint and avoid statements or actions that may prejudice the case, undermine the Office of the Chief Justice, or erode public confidence in the Judiciary.
3. Confidence in the Judiciary
We express our continued confidence in the Judiciary of The Gambia to handle this sensitive matter with the highest standards of impartiality, professionalism, and fidelity to the Constitution. We affirm the importance of protecting both the independence of the Judiciary as an institution and the dignity of the Office of the Chief Justice, while allowing the constitutional question to be determined on its legal merits.
4. Call for Calm, Restraint and Institutional Stability
In light of the significance of the Office of the Chief Justice to our democratic system, we call for calm and restraint from all stakeholders. We call on all parties to respect due process and to commit to respecting and abiding by the final determination of the competent Court.
We reiterate that this constitutional challenge should be viewed as an opportunity to strengthen our democracy and clarify our constitutional jurisprudence, not as a cause for division.
We shall continue to observe the proceedings and to promote civic education on constitutional governance.
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Contact: E-Mail: info@tango.gm, Website: http://www.tango.gm
Contact: E-Mail: info@tango.gm, Website: http://www.tango.gm
