There has been much discussion over the selection of Mr. Edi M. O. Faal as The Gambia's next Chief Justice. As head of the third arm of our democratic dispensation - the Judiciary, such an important appointment merits the public's attention.
The primary objective of this article is to clarify the situation for the general public. After all, the Chief Justice's mandate is to serve the citizens and residents of The Gambia, not only the members of the Gambia Bar Association.
So far, much of the noise is coming from the Gambia Bar Association (GBA) leadership and collaborators in opposition to Mr. Faal's appointment. It is remarkable, however, that GBA's opposition is presented in general terms without stating the specific constitutional requirement that Mr. Faal purportedly does not meet, and without providing such demonstrable evidence/proof. (For example, if the objection is "legal practitioner," what is the authoritative definition of "legal practitioner" and what is the evidence - not speculation - that Mr. Faal does not qualify as a legal practitioner?)
Requirements for the Appointment of Chief Justice
The constitution of The Gambia prescribes the appointing authority and process for appointment of the Chief Justice (CJ).
First, the President of the Republic has the sole and exclusive authority to appoint the CJ. In other words, the power is not shared with any other persons, offices or groupings. The appointee's background should satisfy the constitution's requirements.
Second, the President is required to consult with the Judicial Service Commission (JSC). It is noteworthy that the JSC is chaired by the current Chief Justice, and that it includes a representative of GBA.
The GBA has full knowledge that The Office of The President has consulted with the JSC, and that the JSC has fulfilled its constitutional mandate by informing the Office of The President that the constitutional requirements for appointment to the office of Chief Justice have been satisfied by Mr. Edi M. O. Faal; thus, the mandated process has been followed and fully complied with.
No other persons or groupings have any direct constitutional, statutory, traditional, customary or administrative role in the appointment of the Chief Justice for The Republic of The Gambia - none, zero, zilch, rien, nada. Not the GBA leaders or members, not retirees, not dock workers not business executives, not tomato growers, not the unemployed, not the volleyball association
- . none
It is noteworthy that all Gambians have individual and organizational freedom to express our opinions on any public matter, including selection of Chief Justice, Minister, Ambassador, Judge, Police Officer, Imam, Pastor, as well as on climate change and the state of the economy.
However, such freedom of expression must not be masqueraded and pretentiously presented as entitled formal role by the GBA in the selection of the country's CJ. To repeat: the Gambia Bar Association has no prescribed role - formal or informal - in the appointment process for the nation's Chief Justice. Holding an "emergency" meeting or issuing resolutions and press releases does not mean the GBA leaders have a role greater than the hardworking Gambian street food vendors at the Brusubi Turntable. Neither the GBA leaders nor the street food vendors have been granted any consultative role; that role belongs exclusively to the JS which has already discharged its responsibility.
In summary, the GBA is not the decider of whether a prospective CJ meets the requirements. The GBA and its leadership very well know so.
What is GBA's position?
Is it the GBA's position that the Judicial Service Commission is incompetent or ignorant as to not be able to interpret the constitution? That the president of GBA and her associates must come to the uninvited "rescue" of the JSC and "correct their "mistakes?" The leaders of the Gambia Bar Association do not have the independence, neutrality and competence of the highly respected JSC.
What is the Gambia Bar Association?
Now let us take an objective and factual view of The Gambia Bar Association (GBA). It is one of the craft/skill/trades/professional mutual-interest organisations similar to the teachers' union, farmers' association, carpenters' association, taxi drivers' union, or market sellers' association.
They all have grand statements of core mission and objectives. Notwithstanding, it must be emphasised that in reality and practice, their primary goals are to promote and protect the interests of their members. In fact, this is the reason for their existence.
Therefore, the burning questions regarding the matter of the Chief Justice appointment are: What interests are the GBA's leadership seeking to promote and protect by its extracurricular efforts to insert itself in the CJ appointment process? What benefits do they expect to derive/protect from their attempts to derail Mr. Faal's appointment? Is this the right occasion and time for the GBA to prioritise and leverage its members' interests? How about the volleyball or tomato sellers' or football associations - would they be similarly motivated to seize the opportunity and press for their agendas? Why now, when in the past GBA looked the other way regarding appointees from Britain, Nigeria, Ghana, Sierra Leone and Pakistan? Do GBA leaders have a preferred alternate candidate? Exactly what is the GBA afraid of regarding the appointment of the highly qualified
Who is Edi M. O. Faal?
Mr. Faal is a distinguished and experienced legal practitioner, counselor, scholar and mentor who has practiced law since 1982. He was admitted to the Bar of the Supreme Court of the United States of America, Supreme Court of the State of California and the Supreme Court of the State of Indiana. He was also licensed to practice in the United States Court of Appeal for the Sixth, Ninth and Eleventh Circuits. Mr. Faal qualified as a barrister at the Honourable Society of Middle Temple and was called to the Bar of England and Wales. He is a Fellow of the Chartered Institute of Arbitrators, London, and is a Member of the Panel of Arbitrators at the World Bank's International Centre for the Settlement of Investment Disputes. Mr. Faal also was enrolled as a barrister and solicitor of the Supreme Court of The Gambia since 1993. His academic credentials include a Juris Doctorate (JD) from the Western State University College of Law, USA and Master of Laws (LLM) from University of London, UK. He is a world-renowned legal luminary who has practised law for more than four decades in multiple common-law countries.
Mr. Faal has established a decades-long record of service to the nation. A contemporary example relates to his recent role in a high-stakes international case in London, arising from an offshore oil exploration dispute brought by a foreign firm against The Government of The Gambia. As co-lead counsel of a team of lawyers from United Kingdom and United States, he successfully defended The Gambia against claims totaling $168 million. The team's exceptional work resulted in the claimants' agreement to (a) withdraw all claims against The Gambia Government, and (b) pay The Gambia Government several million dollars to cover its expenses related to the case. This is one example, among many others, that demonstrates Mr. Faal's dedication and service-to-nation.
The GBA leaders either are aware of, but closed their eyes to, his experience practicing law in and for The Gambia, or chose not to do their homework including reaching out to Mr. Faal for a conversation. Granted GBA leaders know they categorically have no role or mandate in the CJ appointment process, they also know Mr. Faal is just a phone call, email or message away. Yet they chose to mount a public campaign against him without engaging him in discussion. Why?
In conclusion, there is absolutely no doubt or question that with Mr. Edi M. O. Faal as Chief Justice, he will continue the development of the country's judiciary, enhance equal accessibility of the courts to all Gambian citizens and residents, and ensure that justice will be dispensed equally and fairly for all.
About the Author KebbaTamsirNjie:
Ambassador-at-Large for The Gambia Chairman, Gambia Ports Authority
Former Gambia's Ambassador to the United Arab Emirates
Former Chief Executive, The Gambia Chamber of Commerce & Industry Former Chief Executive, American Chamber of Commerce in The Gambia Former Chief Executive, The Gambia Investment and Export Promotion Agency
