Even the hardest of hearts softened and the driest of eyes drowned in scorching tears as GRTS ushered us to the Tintimba Forest in the West Coast Region where a group of Gambia Police investigators and a team of forensic experts were led by members of Jammeh assassin squad to an unmarked shallow grave of 30th December 2016 heroes. As they painstakingly, exhumed the three bodies of late Lamin Sanneh, Njagga Jagne and Jaja Nyass, their families were also steering Monica Njie through the dark alleys of their nightmarish tribulations. Mr President, it was devastating. It was painful. It was difficult. And unbearable. Each victim’s anecdote gashes the heart with such viciousness only be spoke by the angel of death ripping off the soul of an unbeliever. The sourness in their voices, the agony in their faces and the despondency in their eyes, Mr President, were disquieting. And guess what? Each and every one of them only said at the end, “WE NEED JUSTICE”. None of them demanded for any form of compensation. All they want is JUSTICE for their love ones Mr President. Justice. Yes, Justice is all they are asking for.

Despite all their odds, the Gambia Police deserve a tap on the back for their breakthrough in the NIA 9 and Jugglers’ arrests and investigations leading to the discovery of Solo Sandeng and 30th December heroes’ unmarked graves. Perhaps, many who were in denial of Monster Jammeh’s callousness and state orchestrated kidnapping, tortures and killings have now found irrefutable exhibits in the exhumed bodies. Therefore, I marvelled if the APRC can accept its past with regret and confront its future without anxiety amidst these disturbing battery of evidence? Any Gambian who votes for the APRC in the forthcoming NAM election is as guilty of murder, rape and torture of our innocent citizens as Monster Jammeh, the Jugglers and NIA 9. To show the families of the Jammeh Victims that we stand with them shoulder to shoulder in their pursuit for justice, we must deny APRC a vote. How can we put our fate, trust and lives in the hands of people who bath in and drink the blood of our very own Solo Sandeng, Lamin Sanneh, Njagga Jagne, Jaja Nyass, the Aprill 10 and 11 students, Jasaja Jammeh, Koro Ceesay, Dayda Hydara and the rest? Can we really as Gambian betray these martyrs who gave up their lives for us to be free from 22 years of an atrocious regime? Thegambian Cause observed “…even our core moral values and principles are up for questioning in a deeply unfamiliar way…We all failed them”. Fortunately, we have been chanced by the hand of fortune with this rare opportunity to right our wrongs by not voting for any APRC candidate. Mbye Njie also queried, “We will be giving APRC the rights, ability and opportunity to do more harm than they have already done”. He went on to remind us that “Murder, rape, tortures and injustice are not Gambian values”. Consequently, I have decided not to vote APRC…Will you vote APRC?

 
Another perturbing security concern lurking in new Gambia is the explosion of a landmine in the outskirts of Foni Wassadu last week killing a father and his son. Was it a one of Mr President? Who planted it? What type is it? Most importantly, what is your government doing to curb it? Instead of requesting an extra thousand soldiers from Senegal, why can’t you consolidate and revamp our security services? The appointment of Kinteh as the Chief of Defence Staff was meant to bridge the mistrust between your government and the Gambia Armed Forces. Give him all the necessary support to reform and retrain the army so that they can assume their duties. What is the point of having an army you don’t trust? Alienating the army will only ferment more mistrust and dissatisfaction which will generate mutinies and instability. Assign the landmine experts in the army to comb the Foni for any more mines waiting to go off. Unless, this is carefully done and proven that no more landmines are buried in our soil, lives of Foni residents will remain at risk.

 
As today marks the dawn of a new week, can you convene a cabinet meeting to kick start government business in earnest Mr President? It is equally pertinent to address what Thegambia Cause referred to as “political streets brawls” tainting our political epitome. Violent attacks on innocent party militants are become trendy in our political rallies. First it was an attack on UDP and now it is GPDP. Who will be next, Mr President? Such isolated incidents if not fully and carefully address will be catalyst for civil disturbance causing loss of lives and properties. Party surrogates should recognise the bad seed they are sowing in our fertile political farm and put country before parties. After all we are one big Gambian family. Elections, leaders and governments come and go but we stay and remain as one big Gambian family. Who in his right mind would enjoy killing or harming his or her own siblings? Our unguarded banters have caused some regrettable harm and the government time to do its works by getting caught in the childish tantrums. There are varied ways in which one can help his or her party grow. If you cannot persuasively solicit support, finance it and/or share its leaflets, banners etc. Negatively politicking with violence and profanity will only selling the wrong merchandise of the party and nobody wants that for his or her party. So let love our parties by showcasing their finer images.

 
When Gambia has decided, we decided for regime and system change which will translate what we fought for into reality. A close look at your government, Mr President there isn’t any meaningful change so far. Censorship of free speech is been fattened. The diaspora is been accused of been tough on the government as such we are cajoled to overlook government omissions and be only reporting on your achievements. If we had done the same for Jammeh, would you have been a President today? Unfortunately, we are here to say how things are and not how you want them be said. When Gambia decided, did it include reforming our telecommunication services? Why does it still cost 48 pence to call the Gambia whereas it only cost 5penc to call Ghana and Nigeria? What about the sluggish internet? Electricity is still Gambia’s biggest setback. What is your government doing about it?

Sulayman Jeng
Birmingham, UK

Yes Yaya Jammeh is from Kanilai, which is in Foni, yet in his 22 years of misrule the region that suffered the most happened to be Foni. Despite the fact that Yaya Jammeh and APRC had enjoyed 100% support from Foni where their parliamentary candidates consistently go unopposed, yet Yaya Jammeh paid them back with so much misery and pain that it will take forever to heal that wound. There is not a crime on earth that Yaya Jammeh had not committed against the land and people of Foni. He spared no one: the old, the young, men, women, community leaders not to mention the professionals of this proud and hard working region of the Gambia. Rather he tortured and killed his own people while stealing their lands as if he was not a son of Foni!

 
Probably the most outrageous crime that Yaya Jammeh inflicted on our people in Foni was to label them as witches and then deploy scores of soldiers and Green Boys with witchdoctors imported from Guinea to go to village after village to arrest old men and women. Reports have indicated that up to one thousand people were arrested in 2009 just because Yaya Jammeh stupidly thought witches killed her aunt. Thus, just for the sake of her aunt alone, he ravaged a whole region of the country, humiliating them in such a manner that surpassed even the colonialists. Yet until today you have some people in Foni who want to give their lives for Yaya Jammeh.

 
When Yaya Jammeh arrested these old men and women, the Green Boys and soldiers forced them to drink concoctions, which caused severe sickness and death among the victims. One witness narrated that in Sintet alone 300 old men and women were arrested and taken to Kanilai to be humiliated and beaten. Because of this onslaught, hundreds of community elders used to flee their houses as early as 5am to go into the bush to hide for the whole day until at night to return home. Can you imagine an old man or woman of 60, 70 or 80 years going to hide in the bush just because their own son, who is the president accused them of being witches and hunting them like slaves? This is what Yaya Jammeh did to our elders in Foni. Yet there are still Foni youths who shout until today “Yaya Jammeh for Life.”

 
Even when Halifa Sallah stood up as the lone voice to find out about this matter in order to ensure that justice is delivered, Yaya Jammeh responded to him with an arrest and detention. Yet Yankuba Colley and Seedy Njie have the audacity to tell us that Yaya Jammeh deserves respect. Do Yankuba Colley and Seedy Njie have any respect for Foni elders who were humiliated, beaten and killed by small boys under the orders of Yaya Jammeh? Is Yankuba Colley or Seedy Njie and their APRC supporters telling us that they have not seen that injustice yet they still stand for Yaya Jammeh? What values or God do these people believe?

 
Even before this despicable atrocity, Yaya Jammeh had been tormenting Foni by blatantly stealing their lands. In his 22 years, Foni is the region, which suffered the most in Yaya Jammeh’s land grabbing spree. No region has lost more lands to Yaya Jammeh than Foni. The number of community lands he stole in Foni is uncountable.

 
Foni did not only lose lands but they also lost numerous lives in the process of defending their lands from Yaya Jammeh. For example when Yaya Jammeh wanted to take lands in the village of Karunorr in Foni Kansala in 2012 the villagers resisted. The two most defiant villagers were the brothers, Wuyeh and Enor Colley. In response Yaya Jammeh deployed armed soldiers to forcefully pick up these brothers to be beaten up and butchered to death in the bushes. Until today there families have not seen them,
One gets even more shocked when you see the list of victims of Yaya Jammeh in Foni some of who are in fact his own family members such as Marcie Jammeh and Haruna Jammeh who disappeared since 2005. We can all recall the names of Buba Sanyang, Ndongo Mboob, Modou Lamin Nyassi and Jasarja Kujabi all of who disappeared mysteriously on the orders to Yaya Jammeh. It is clear that these people were killed.

 
Other sons and daughters of Foni who were also humiliated, incarcerated and tortured included the former CDS Lang Tombong Tamba, former IGP Essa Badgie, former DG NIA Lamin Bo Badgie, former IGP Benjamin Jammeh and for Solicitor General Pa Harry Jammeh among many other former ministers and civil servants as well as former associates such as Aziz Tamba as well as his own cousin Pa Bojang. The list goes on…

 
Hence if one simply goes through the track record of Yaya Jammeh in Foni, it becomes quite clear that the region that has suffered the most under the APRC is Foni. Yaya Jammeh has inflicted so much fear and disunity in Foni to the point that this region was locked down for 22 years. Yes, he has provided electricity in many villages with streetlights and built a hospital in Bwiam and illegally named it after his father. But the fact is that the people of Foni were the most oppressed and exploited region of the Gambia under Yaya Jammeh. One can notice that by the fact that no one in Foni was allowed or bold enough to stand against Yaya Jammeh. Everyone as subdued and this was why APRC remained unopposed all the time.

 
Yaya Jammeh was able to unleash so much harm on the people of Foni simply because he had the full support of APRC NAMs and Cabinet ministers. APRC NAMs were witnesses to the atrocities and land grabbings of Yaya Jammeh in Foni yet they did not just keep quiet about it but in fact they went ahead to mobilize the people of Foni to work on those stolen lands like slaves.

 
If you are from Foni, the APRC is the only party you should avoid. If you are a good son and daughter of Foni, Yaya Jammeh is the only person you must avoid. He is a disgrace to the noble and dignified people of Foni. Any decent son or daughter of Foni who claims to be a self-respecting and patriotic citizen cannot entertain anything about APRC and Yaya Jammeh. He represents humiliation and misery for Foni and the Gambia as a whole.

 
I hereby call on the voters of Foni therefore to give APRC Zero Votes in the April 6 election. I therefore wish to launch the campaign ‘APRC Zero Votes In Foni’ to start today. Let us raise the awareness of the masses of Foni to liberate them from the despicable Yaya Jammeh Mentality to realize that supporting APRC is their humiliation and destruction. Yaya Jammeh never represented the best of Foni. He is the worst to have happened to Foni.

 
If the Mandinka felt offended by Yaya Jammeh it is clear that he has offended the Jola equally or even more. Wait until you see what he also did to the Wolof, Sarahuleh or Fula, etc. What about the Muslims or the Christians? Coming soon…

Forward with ‘APRC Zero Votes In Foni’ Campaign!

God Bless The Gambia.

I have known Kaddijatou Jabbie since she was a small girl and saw her grow into a self-confident, assertive and determined young lady. An active and focused lady, she has participated in various youth activities dedicated to the empowerment of young people especially girls and young women. I know this because I have trained Kaddijatou on numerous occasions.

 
My deepest impressions of Kaddijatou came about six years ago when I was conducting human rights education for local government and traditional authorities in CRR. I found Kaddijatou within the communities of CRR North with lot of life and passion as a Community Development Officer. Despite the deplorable conditions and meager salaries, this young lady was happily living and working in these poor and rural communities doing her best to contribute her quota to national development.
As a young lady, she was not the least disturbed to be in these places when many in her position would have wanted to be in the glitter of urban life. That part of her told me that indeed Kaddijatou is a woman of purpose with a deep sense of patriotism. A person who wants to be the change she wants to bring about and see.

 
I can vouch that Kaddijatou is a very respectable, humble and hard workingwoman. She is among those young people of the Gambia who have discovered their mission and prepared to fulfill that mission. I am sure she will better fulfill this mission in the National Assembly as she will stand up to ensure that the right laws and policies for women, children, youth and communities are created and enforced. She will monitor the Executive to ensure they fulfill their obligation to Gambian people. She has enough community experience and understands the dynamics of poverty and development such that her contributions would be quite instrumental in helping the Executive and the Gambia meet national development objectives.

 
I therefore endorse the Kaddijatou Jabbie, Independent for Basse constituency and to assure voters of Basse that Kaddijatou is their daughter who will not betray but will fulfill their dreams and aspirations.

God Bless The Gambia.

I have known Mariama Saine since she was a young schoolgirl. She struck me as a person of purpose and responsibility filled with passion for service to humanity. It was because of people like her that I believed that young people were not just leaders of tomorrow, but also indeed leaders of today a well. She was one of the founding members of the Congress of Pan-African Students Association in which she served in the Executive Committee.

 
Since 2000, I have seen Mariama continuously and consistently stand up for justice, equality and empowerment of young people. She has grown up to be a dedicated and strong fighter of the people. She is the loving of four children, a hard workingwoman who continues to serve women and children as an activist.

 
I hereby wish to endorse Mariama Saine for member for Sanneh-Mentereng Constituency under the NRP ticket. I have no doubts that Mariama shall continue on her path of service to humanity and in defense of democracy and good governance for the Gambia. As an activist for social justice, I can vouch that Mariama shall put all necessary checks on the Executive to ensure that the government remains efficient, transparent and accountable.

 
Mariama is trustworthy, dependable and committed to democracy and justice. In her, the Gambia will find a resolute fighter and patriot. Vote for Mariama Saine.

God Bless The Gambia.

The Need for Reform

Abstract

This paper examines the origins of the judicial politics of Nigerian dominance of the legal sector in the Gambia, and focuses on role of the Nigerian legal-judicial fraternity in undermining the rule of law and judicial independence in post-1997 Gambia. The paper confirms that the judicial politics of Nigerian dominance produced a bifurcated system with adverse effects on the rule of law, judicial independence and good governance. The paper attempts to determine what reform recommendations are useful. Only a brief review of reform options is attempted in the hope that they would be of some assistance in the event that the Gambian government ultimately decides to engage reform.

1. Introduction

Generally, strong democratic institutions and transparent legal procedures are vital to the rule of law, judicial independence and political governance. The exercise of independent judicial power by the judiciary is critical to the rule of law and may have profound political effects on governance. The recurrent measure by the Gambia Bar Association (GBA)to boycott court sessions presided over by Nigerian born judges have raised crucial questions about the judicial politics of Nigerian dominance and its impact on judicial independence and the rule of law in contemporary Gambia. For example, in 2006, the GBA carried out a long boycott of a High Court Judge, Justice Paul – a Nigerian. In December, 2016, the GBA urged its members to boycott the Supreme Court predominantly made up of Nigerian judges, convened to determine the election petition filed by the APRC party against the results of the December 1, 2016 presidential election in the Gambia (GBA, 12 December, 2016) and called for the resignation of the Nigerian born Chief Justice (GBA, 19 December, 2016). And this March, the GBA has again called for the boycott of three (3) High Court Judges from Nigeria. These measures turn more on the broader notion of judicial politics of Nigerian dominance in a polarized Gambia judiciary, and provide a rare opportunity to assess its impact of the judicial independence and the rule of law.

2. Origins of the Judicial Politics of Nigerian Dominance in the Gambia Legal Sector

The Judiciary is a very powerful institution in governance and this explains why politicians devote a lot of effort to the selection of judges. Conceptually, judicial politics refers to the politicization of the judiciary and the decision making process of the courts in ways that favor executive preferences. The GBA ignited a debate on whether the role of the judiciary in governance in cotemporary Gambia can be understood without a comprehensive understanding of why key legal actors in the Gambia legal sector were/are predominantly from Nigeria and how they interact with other political institutions.

The Gambia has a rich pool of indigenous lawyers of impeccable character whose legal expertise spreads across diverse areas. However, Gambian legal experts are reluctant to serve the Ministry of Justice and the Judiciary of the Gambia. This has created capacity deficit in the legal sector and informed the need for the Gambia to look elsewhere for legal expertise. Judges in the Gambia were appointed on contracts from other African Commonwealth countries, mainly under the UK Department for International Development/Commonwealth Secretariat (‘DFID/CS scheme’), and Ghanaian and Nigerian technical assistance schemes. Generally, these legal experts were ideally selected from amongst the bench and the public bar in the sending states, but the legal experts from Nigeria were subsequently also tapped from the private bar. The commonwealth experts gradually shrunk in size as the Gambia increasingly showed preference for, and reliance on Nigerian legal experts.

Overtime more Nigerian lawyers were recruited outside the technical assistance scheme, both from Nigeria and locally in the Gambia, to serve as State Law Attorneys and Magistrates. Additionally, two Nigerian lawyers; Christopher Mene and Emmanuel Chime were enrolled as members of the Gambia Bar Association through a contentious process (Mene & Chime v General Legal Council (1997-2001) GR, 969). With this growth in size, the Nigerian legal-judicial fraternity (Judges, Magistrates, State Attorneys, and Private Legal Practitioners of Nigerian origin working in the Gambia) in the Gambia sought to obtain and retain control over the legal sector by forming a strategic entente with the influential and notorious National Intelligence Agency (NIA). The NIA was the ear and the eyes of the President, and the President relied heavily on information fed to him by the NIA. With the support of the NIA, the Nigerian legal-judicial fraternity effectively purged the entire legal sector of indigenous Gambians and other nationals who held contrary views. A controlling influence over the NIA by the Nigerian legal-judicial fraternity assured and enhanced their effective control over the Gambia legal sector. As a consequence, many Gambians were dismissed from the Judiciary and the Attorney General Chambers.

Overtime, key positions in the Judiciary and the Attorney General Chambers were occupied by Nigerians. For example, between 2009 and 2012; both years inclusive, the Chief Justice, the President of the Gambia Court of Appeal, a majority of High Court Judges, several Magistrates, the Director of Public Prosecution, the Director of Civil Litigation and International Law, and the Director of the Special Litigation were all Nigerians. Indigenous Gambian legal experts increasingly became conscious and suspicious of this dominance by the Nigerian legal-judicial fraternity, and the politics of survival ensued.

To understand the extent to which this increasingly strong Nigerian legal-judicial fraternity undermined judicial independence and the rule of law in the Gambia, it is important to scrutinize briefly some of the recognized or perceived problems inherent in the Gambian judicial appointment system as it now functions. This will assist in understanding the urgent need for reform.

3. Appointment Procedures for Judges

Usually, judicial independence is enhanced by a series of internal institutional measures ranging from credible appointment procedures, to satisfactory remuneration, and secured tenure. In The Gambia, the appointment mechanism for judges of the superior courts under the Constitution is the establishment of a Judicial Service Commission. The main structural causes against an effective appointments process is related to the composition of the Judicial Service Commission itself. According to section145 (1) of the Gambia Constitution, the Judicial Service Commission consist of – the Chief Justice, who shall be Chairman; a judge of a superior court; the Solicitor General; a legal practitioner of at least five years standing at The Gambia Bar, nominated by the Attorney General in consultation with The Gambia Bar Association; one person appointed by the President; and one person nominated by the National Assembly.

This composition of the Judicial Service Commission is heavily skewed in favor of the executive, and does not present strong guarantees for judicial independence. First, since the Chief Justice and the Solicitor General are appointed by the President of the Republic, it follows that three out of the six members of the Commission are directly appointed by the Executive. In addition, the only executive consultation required under section 138(1) of the Gambia Constitution for the appointment of the Chief Justice is with the Judicial Service Commission, but the actual level of consultation that occurs or which is legally required is unclear.

Furthermore, by virtue of section 231 (4) of the Constitution, the President is not bound by the views expressed by the Judicial Service Commission. The tendency is that the President will simply handpick a compliant Chief Justice who can do his bidding. By the same logic, since the Attorney General is not bound by views expressed by the Gambia Bar Association, a less suitable legal practitioner may be nominated. Again, the nomination of a Superior Court judge is usually at the instance of the Chief Justice, and there is no laid down rules on the selection process. In the circumstance, the choice of Chief Justice would greatly influence the choice of nominee for the Commission.

The choice of Chief Justice is also crucial to the institutional leadership of the judiciary and is a critical factor in establishing and strengthening judicial independence and the rule of law. An important feature of leadership relates to the public perception of the independence of the judiciary. In this regard sections 6(2) and 8(1) of the Judges (Supplementary Code of Conduct) Act Cap 6:01, Laws of The Gambia, 2009 are immediately relevant. As the face of the judiciary, the Chief Justice must strive to ensure that his conduct, both in and out of court, maintains and enhances confidence in his impartiality and that of the Judiciary. The Chief Justice must not participate in partisan or political activity or association, and must avoid any public gathering if he considers that a mere attendance at the gathering might reasonably give rise to a perception of an ongoing political involvement, or put in question his impartiality on an issue that could come before the court.

By section 138(2) of the Constitution, all other judges of the superior courts are appointed by the President upon the recommendation of the Judicial Service Commission. Accordingly, as Chair of the Judicial Service Commission, the Chief Justice plays a vital role in the appointment of judges of the superior courts, and holds multiple important roles in the day to day running of the courts – the transfer of judges to specific divisions of the courts, the supervision of case allocation, and the allocation of administrative responsibilities to judges.

Statutorily, the Chief Justice is also the Chair of the General Legal Council with powers to moderate the admission of legal practitioners to the Bar as well as the power to discipline them.

In the exercise of these statutory powers as the Chair of the Judicial Service Commission and the General Legal Council, the Chief Justice can influence the direction of the judiciary in important ways. Therefore, the leadership culture of the Chief Justice would help entrench judicial independence and the rule of law or enhance the politicization of the judiciary.

A transparent internal judicial culture is critical to consolidating judicial independence, but under the influence of the judicial politics of Nigerian dominance, procedures were routinized in a ways that were not transparent.

For example, during the tenure of Chief Justice Agim, he conceived and enabled a politicization scheme that sought to perpetuate a strong Nigerian dominance in the Gambian judiciary. As part of this process, Nigerian based lawyers from the same ethno-political circumscription with Agim were appointed to serve as Magistrates and Judges, while others were appointed to serve at a specifically created ‘Special Litigation Unit’ at the Attorney General’s Chambers. Yet, others, who were engaged as in-house solicitors in the Gambia were enrolled as legal practitioners. Sensitive and high profile cases were assigned to these judges and prosecuted more often by the State Law Attorneys from the Special Litigation Unit or other State Law Attorneys from Nigeria.

In furtherance of this scheme, former Chief Justice Agim – a Nigerian; frequently assigned the administrative oversight of the judiciary to Justice Joseph Wowo; a Nigerian Judge of the Gambia Court of Appeal, even when there were more senior indigenous Gambian judges serving at the Gambia Supreme Court. Thus, in the absence of Chief Justice Agim, the indigenous Gambia Justices of the Supreme Court were placed under the administrative purview of a Nigerian Justice of the Court of Appeal. While some saw this as an affront to disrepute the indigenous Gambian judges, others saw it as a succession scheme to ensure the appointment of Justice Wowo as the next Chief Justice. Upon his resignation in 2012, former Chief Justice Agim surreptitiously handed over the judiciary to Justice Wowo as Acting Chief Justice of the Gambia, bypassing clearly laid down constitutional provisions to the contrary. This in turn, generated internal institutional conflicts and divisions, leading to the eventual prosecution and conviction Justice Joseph Wowo for usurping the functions of the Acting Chief Justice of Gambia (The State v. Joseph Wowo & Anor – Crim. Case No: HC/468/13/CR/178/AO 09/01/2013)

Under the leadership of another Nigerian – Chief Justice Fagnbenle, and under very questionable circumstances that tend to lend more credence to the judicial politics of Nigerian dominance, Justice Edrissa M’bai, an indigenous Gambian, was replaced as President of the Gambia Court of Appeal by a less experienced and junior Nigerian counterpart. More Nigerians of the same Yoruba ethnic origin with Chief Justice Fagnbenle were also increasingly appointed to the superior court bench.

The judicial politics of Nigerian dominance was enhanced by the fact that the selection and appointment procedure for Superior Court Judges is too secretive, with little public knowledge and scrutiny of the process. Section 139 of the Constitution requires only that justices must be or have been Superior Court judges, or legal practitioners, qualified to practice before similar courts, of at least five years, eight years, and twelve standing respectively for High Court, Court of Appeal and the Supreme Court.

4. Removal Procedures for Judges

Security of tenure is central to judicial independence. To buffer judges from the demands of everyday politics, their tenure is secured under section 141(1) of the constitution by guarantees against unjustified removal. However, the same constitution provides under section 141(2) that the tenure of office of a judge can be brought to an end at the instance of the executive, albeit, in consultation with the Judicial Service Commission or through a rigorous parliamentary process under section 141(5). But extant data show that, recourse has never been had to the parliamentary process. Rather, all removals have been at the instance of the executive.

By subjecting the appointment and removal of judges of the superior courts to the executive domain, the Constitution provides the platform for executive purge of the judiciary. This window was exhaustively exploited by the Nigerian legal-judicial fraternity in the Gambia to consolidate their hold on the judicial sector in the Gambia. Under the heavy influence of the Nigerian legal-judicial fraternity, the NIA issued damaging intelligence reports advising the President of the Republic to dismiss progressive judges and magistrates for not being ‘loyal’ to the system.

For example, in 2009, under the manipulative influence of the NIA, Justice Agim was appointed outside the technical assistance scheme as Chief Justice of the Gambia to replace the indigenous Gambian Chief Justice Abdul Karim Savage. Progressive and activist judges like Justice Moses Richards and Justice Almami Taal of the High Court were tagged and dismissed for not being ‘loyal’. In 2014, the much respected Ghanaian born Chief Justice Mabel Agyemang was dismissed barely six months into her appointment for introducing reforms that sought to strengthened judicial independence and the rule of law. In 2015, Pakistani born Chief Justice Eli Nawaz Chowhan resigned on grounds of executive interference, while two permanent Justices of the Gambia Supreme Court (Gibril Samega Janneh and Raymond Sock, JJSC) were dismissed for not being ‘loyal’ to the system. The resignation and dismissals came shortly after these judges of the Supreme Court handed down a landmark decision acquitting the former Navy Commander who had been jailed on treason charges.

Executive interference in the judiciary is compounded by the recent executive approach to tap from the superior court bench to service other sectors of government. For example, between 2012 and 2014 four superior court judges (L. Jobarteh (J), A. Joof (JCA), M.F. Singhateh (JCA) and Mahoney (J)) were appointed from the bench to serve as Attorney General and Minister of Justice. Chief Justice Agim is credited with the introduction of this system when he recommended the appointment of Justice Lamin Jorbateh as Attorney General and Minister of Justice.

5. Impact on the Rule of Law

Predominance of regular law and equality of all before the law are the benchmarks of the rule of law. As such, the justice system must operate to ensure a fair, rational and predictable application of the law. However, the judicial politics of Nigerian dominance established a multitude of invisible normative and regulatory orders which overlapped with, and undermined the regular legal order to produce a bifurcated legal order with an untouchable Nigerian legal-judicial fraternity on the one hand, and their vulnerable Gambian counterpart on the other hand. This bifurcation entrenched and enhanced an uneven or differential application of the laws between these two groups. Members of the Nigerian legal-judicial fraternity were selectively protected and shielded from the normal application of the law. As such they were impervious to the ordinary judicial or administrative control of the system. Conversely, indigenous Gambian legal-judicial officers were rigorously prosecuted and convicted for similar offences.

For example in 2012 a Gambian born lawyer – L.K Mboge was vigorously prosecuted, and convicted by Magistrate Alagbe Taiwo of the Nigerian legal-judicial fraternity on charges touching on forgery (See Judgment in Criminal Case No BMC/CC/14/11 of 21/02/2012). However, Barrister Emmanuel Chime who was indicted by the Tax Commission for having filed forged papers in his tax declarations; had the adverse findings against him arbitrarily dropped after lobbying and pressures from the Nigerian legal-judicial fraternity. Secondly, a leaked audio tape heavily implicated Barrister Christopher Mene in the malpractices that resulted in the trial of Attorney General and Minister of Justice – Lamin Jobarteh, but Barrister Mene was suspiciously protected from prosecution. Thirdly, available facts revealed that Barrister Uzoma Achigbue – a Nigerian, was heavily implicated in the case against the management staff of the Asset Management and Recovery Corporation (AMRC). In this case, Abdoulie Tamba, Yusupha Jaiteh and Abdoulie Dibba, were tried and convicted by Justice Emmanuel Amadi of the Nigerian legal-judicial fraternity for issuing loans without the required collateral. However, impeccable evidence shows that the impugned transactions occurred at a time when Barrister Achiqbue was the Legal Officer of AMRC charged with the responsibility to ensure that all such transactions were properly secured. However, he too was protected, while the unsuspecting vulnerable Gambians bore the brunt of criminal prosecution.

6. Impact on Judicial Independence

Conceptually, judicial independence in contemporary legal discourse is seen as the autonomy of the courts from other actors, to the extent that the courts are able to act sincerely according to their own judgments. However, when courts are treated as political players this will lead politicians to make political appointments, to offer personal or institutional rewards for judicial conduct that is politically desirable and to impose penalties for decisions that are politically unacceptable, and this makes it easier for the executive to use favor seeking judges to harass its opponents.

The GBA affirms that, the Nigerian born Chief Justice Fagnbenle interfered with judicial officials, and transferred cases to specific courts with a view to predetermine their outcome, but also that he caused the dismissal of judges who handed down judgments which were deemed to be against the State’s interest (GBA, 12 Dec, 2016). This routine of judicial politics led to the appointment of Judges and Magistrates of Nigerian origin whose ethical and intellectual distinctions were not the main criteria for selection. Accordingly, these Magistrates and Judges were often seen by the public as mere adjuncts to the executive.

The frequent dismissal of Gambian Judges and Magistrates under the influence of the Nigerian legal-judicial fraternity led to the more qualified indigenous Gambian candidates expressing disinclination to accept appointments for fear of being ultimately tagged and dismissed. This exacerbated the capacity deficit of indigenous Gambian in the public legal sector.

These dismissals are sometimes preceded with arrests and detentions, and this breeds insecurity of tenure and compromises judicial independence.

By allowing Judges to be recruited from the superior court bench to occupy the political office of Attorney General and Minister of Justice, Judges are tempted to compete and seek for executive attention and favors, and this erodes the independence of judges in crucial ways.

The judicial politics of Nigerian dominance in the Gambia judiciary has received heavy criticism from various circles, as the single most destructive factor that has adversely affected judicial independence in contemporary Gambia. According to Sidi Sanneh the erosion of judicial independence in Gambia started with the replacement of the Commonwealth-sponsored judges by freelance-judges and magistrates from Nigeria. A.A. Senghore compliments this view when he asserts that all the controversial court judgments that have attracted wide criticism have been handed down by non-Gambian; mainly Nigerian judges who have occupied and dominated the Gambian judiciary (Press freedom and democratic governance in The Gambia: A rights-based approach, (2012) 2 AHRLJ 508-538).

Several meaningful attempts to stem the tides have been ruthlessly crushed. For example, in 2010, Jainaba Bah Sambou was dismissed as Solicitor General following her sincere efforts to introduce reforms that would have reversed the trend. The trial of Solicitor General Pa Harry Jammeh, Attorney General Lamin A.M.S. Jobarteh, and Secretary General Office of the President Dr Njogu L Bah was intrinsically linked to a strong determination by the trio to resist the surreptitious assumption of the Office of Acting Chief Justice of the Gambia by Justice Joseph Wowo.

7. Recommendations

By subjecting the appointment and dismissal of judges to the executive domain by the Constitution, the inclination towards a politicized judiciary is high. This, in turn, may be critical to judicial independence and the rule of law because even the most determined and independent-minded judge can be stymied by a powerful executive.

A stronger approach would be first, to reform the composition of the Judicial Service Commission and make the appointment process of its members more credible, and secondly to reform the appointment process for judges of the superior courts.

On the establishment of a strong institutional culture, there is urgent need to create a transparent institutional culture of fairness and social cohesiveness; particularly a strong sense of collegiality within the judiciary. This is critical for the establishment of a strong institution. The yoke of the Nigerian legal-judicial fraternity must be busted. Gambian legal experts must be encouraged to sacrifice to serve their Country as Judges, Magistrates and State Law Attorneys.

On the reform of the Judicial Service Commission, the lone representative of the Bar Association must be nominated directly by the Gambia Bar Association to dilute and avoid any possible executive interference with that process. The superior court judge must be appointed based on clearly identified guidelines with preferences to seniority. The National Assembly nominee must equally be selected based on his demonstrated interest and passion for justice and should preferably be tapped from the civil society or the clergy. The direct appointment by the President should be replaced by the Director of the Law School or the Dean of the Faculty of Law.

On the reform on the appointment procedure of the Chief Justice, and judges of the superior courts, the Judicial Service Commission should be required to advertise vacancies and call for applications. The Judicial Service Commission provides a shortlist of appoint-able candidates for the office of Chief Justice from which the President can select a preferred candidate. A different type of safeguard is a requirement that the appointments of superior court judges are subject to ratification by the legislature. To be meaningful, this process of legislative scrutiny must be properly structured, preferably with the matter being considered by a fully representative and suitably qualified parliamentary committee.

Whichever approach is adopted, the necessity to select judges who are perceived to have the right values and beliefs towards the rule of law and good governance is crucial. It is essential that candidates for judicial appointment are professionally competent persons of proven integrity who enjoy the confidence of both the governors and governed.

By Abdoulie Lowe

1. Electoral reforms- The establishment of an Independent Electoral Commission (IEC) for a level playing field is crucial. Once confirmed by the National Assembly, the President can’t terminate the services of the chairman of the IEC. The right of citizens to vote shall not be denied by anyone based on tribe or party affiliation. The right to vote must be guaranteed for everyone- including those in the Diaspora- who will be at least 18 years of age by the date of the next elections. ALL Political parties will be given equal access to state media and be protected by the security forces during campaigns.

 
2. Presidential Term Limits- The age limit in the 1997 Constitution will be removed and replaced with a presidential term limit. A new law must be enacted to set the presidential term limit to a maximum of two 5 year terms. This will help steer the country in new direction every 5 or 10 years and to make sure the country is not static.

 
3. Freedom of Speech, Religion, and the press- This include allowing the opposition unrestricted access to GRTS and other media houses. This will also guarantee the right of citizens to assemble and protest to express their grievances and to petition the government to effect meaningful changes. Permits will only be required if a public address system will be used; otherwise, the police department needs to be notified of the date, time, and place the protest will take place in order for them to provide security and to maintain law and order. This notification can be done through telephone, email, or in writing.

 
4. Protection from Arbitrary arrests- No more arrests contingent solely upon one man’s discretion. No arrests without a warrant or court order. No unreasonable search and/or arrest warrants shall be issued. No detention passed the 72 hours limit stipulated by the constitution. And there’ll no more continuous detentions without being charged with a crime. A reasonable bail must be set and bail granted for a bail-able offense. Everyone’s right to a speedy, free, and fair trial will be guaranteed and preserved. Any violations of these basic constitutional rights will resort to financial compensations levied on whoever authorized the arrests and subsequent detentions.

 
5. Balance of power- President must be stripped off his unlimited powers to hire and fire at will. In addition to the National Assembly, a Supreme Court must be established as the Third Branch of Government in order to stop the rampant abuse of power by the executive branch.

 
6. Decentralization of power. It is obvious that power is highly concentrated in one hand; therefore, desegregation of power is paramount. We need every Gambian institution to be independent and sacred of any type of interference from another institution, especially the executive branch. The president can’t no longer terminate the services of local government employees such as mayors and Alkalos. Alkalos should be empowered to mediate and settle minor disputes in the villages and towns. And, if the dispute is major or they can’t broker a swift and lasting solution, then Commissioners will come to help settle the conflict. And if the commissioner in whose jurisdictions the conflict happens can’t resolve the issue, then it shall be forwarded to the judicial system for a free, fair, and swift resolution.

 
7. Reformation of the Armed and Security Forces- Turn it into an independent institution that will educate, discipline, and enhance the workforce.

 
8. Truth and Reconciliation Commission- Every atrocity committed against the Gambian people must be investigated and the responsible parties held accountable.

 
9. Protection of inalienable human rights- life, liberty, and private property. The establishment of tough laws to protect private property is paramount. Private property shall not be taken or demolished without just reason or compensation. Absolutely no torture, corporal punishment, coercion, duress, or degrading punishment or maltreatment of anyone, even those suspected of committing a crime. Torture is inhumane and must be eradicated at all costs.

 
10. Supreme Court- The Supreme court judges must be appointed to a lifetime tenure. Once confirmed, Supreme Court judges can’t be terminated by anyone without due process of the law and found guilty of gross misconduct and/or convicted of a felonious crime. The Supreme Court of The Gambia will comprise of scrupulous Gambian citizens with the right education (law degree), experience, wisdom, temperament, levelheadedness, independent-mindedness, and moral virtues to act reasonably and interpret our constitution and other relevant laws with prudence and precision.

I hereby endorse Fatoumatta K. Jawara UDP candidate for Talinding Kunjang constituency for National Assembly Member. Indeed Fatoumatta shall be counted among the gallant freedom fighters of the Gambia who were prepared to pay the ultimate price to realize the freedom of the Gambia from the clutches of tyranny. A fearless fighter who has dedicated her life to democratic struggle, Fatoumatta’s story is an example and an inspiration to Gambians particularly to young Gambian women that indeed both men and women have a duty to national liberation.

 
In spite of the brutality of the APRC regime, Fatoumatta stood up to defy fear and subjugation but to stand up shoulder to shoulder with comrades to demand democracy and freedom in the Gambia. When we remember those heroes and patriots Solo Sandeng, Solo Koroma and Lang Marong, we shall also recall along with them the glorious name of Fatoumatta Jawara, as the band of comrades who said enough was enough. They confronted the dictatorship face to face on that fateful day of 14 April 2016 thus opening the floodgates of national freedom on December 1.

 
I have never met Fatoumatta and I do not know her personally. But from my background check on her, I have gathered from reliable sources that she is a very determined, focused and fearless woman. Fatoumatta is a hard working wife and mother. She is humble, progressive and determined.

 
I have no doubts that Fatoumatta is a responsible citizen on whom Gambians can rely that she will defend the sacred democratic values for which she and her comrades fought. I hereby endorse Fatoumatta Jawara and to urge voters of Bundungka Kunda that in this amazon of freedom, Gambia shall be proud to put her in the house of the people, the National Assembly.

God Bless The Gambia.

Is someone spinning the narrative or covering up for a system unable to find its right footing? The surrogates are dishing the blame on each other’s political leaders, the diaspora is blaming the rainbow government, and Gambians at home are accusing the diaspora of attempting to remote control President Barrow and his Cabinet. Each is claiming ownership of the truth. Unfortunately, everyone cannot be right. So who is manipulating the truth?

Lets take a quick look at the most talked about tribal issue currently dominating the Gambian online discourse as a case in point. Many are rubbishing its ugly head’s presence in our mid by referencing how they are inter-related with our diverse people. I opted to use diverse people instead of tribe not only because that is how our national anthem revered us but its invocation of tolerance, acceptance and recognition of our cultural variety and beauty. Providently, Gambia has never registered a tribal conflict or cleansing but is that in itself a validation of its non-existence? I had, like most are claiming, private conversations with some of the renown activists who recently returned from gracing President Barrow’ inauguration and confirmed the lurking presence of tribal tension in the Gambia.

We also heard reports were a Jola vendor was harassed by a Mandinka lad and many came to her rescue by demonstrating to the attacker that Gambia belongs to all Gambians. If those who nipped the callous attack on the bud chose to pretend it wasn’t a tribal attack what would have been the consequences? Similar incidents were also reported and settled by the Coalition Mediation Committee. The recent attached on UDP militants by APRC also has an underlining tribal tone smeared all over it. Furthermore, by virtue of us just talking about its existence indicates an element of it presence. How about the disturbing audios circulating among us issuing callous tribal proliferation? So how can one honestly say there is no tribal issue fermenting in the Gambia?

 
The most fitting thing to do given the factual reality of our elephant in the cupboard is how do we efface or contain it. Instead of enlivening the proverbial ostrich, we should face our demon head on by initiating civic education programmes targeting our youth force who are the most vulnerable. With the right sensitisation programmes in forms of audio and visual shows, the issue will be eradicated rather than denying its existence. The denial corner is nothing but a gross disservice to country. Honest communications breeds appreciation and positive results.

 
Peace, security and stability are the pillars on which good governance and sustainable development are built. Unfortunately, the current indicators are creeping insecurity. The intermittent arm robberies in our boarder villages, murders and grievous bodily harms on our people are disheartening. Manjai Kunda and some parts of Bundung are degenerating into “No Go” areas as people are robbed and mobbed by criminal gangs. If the trend goes unchecked, the areas will become nurseries for breeding criminals in our backyards.

Another worrying fashion is how Gambian women are defacing one another over men. Some have been reported as pouring acid on their co-wives whereas others thought hot oil does the work better on the carefully chiselled stunning features of their co-wives. A few conclude, if they can’t have the “Prince” no one else will. As a result, they attempt to lure him into eternal sleep. Such barbaric headlines on our local newspapers are unsettling. Many are already accentuating that such vile acts were rarely visible during the monster’s era. So why are they resurfacing now when we are supposedly to be bashing in our new found freedom? No one is suggesting for the government to use unlawful means to arrest the situation but make suspects deservingly pay for their crimes.

 
Now that Mr President is back from his nationwide tour, we hope you will soon convene a cabinet meeting to address some of the salient issues such as security, electricity, water and appointment of a vice president. With that, have a blessed weekend.

Sulayman Jeng
Birmingham, UK