By Kemo Kanyi
The Hon. Justice Hassan B. Jallow presided over the swearing-in and presentation ceremony of Hon. Sarah Aryee, as judge of the High Court of the Gambia on Wednesday, June 5, 2024, at the High Court complex in Banjul.
Hon. Chief Justice Jallow said the arrival of Lady Sarah Aryee came at a crucial time as the judiciary sometimes faced hiccups in delivering justice on time.
“Justice Sarah Aryee, you join The Gambian Judiciary at a time of continuing public concern at delays in the hearing and determination of cases. We must all be sensitive to this concern, and all of us stakeholders in the administration of justice must respond to this concern with effective measures individually and collectively,” he said. Adding: “It is always said that justice delayed is justice denied; that, justice is sweetest when it is freshest. The hearing and determination of one’s case within a reasonable time is a constitutionally guaranteed right. It is not an absolute right but one that is determined by various circumstances. It is a right nonetheless, which we must all strive continuously to respect and observe.” However, he says they are aware that by its nature, some delay is inherent in the judicial process.
“The right to a fair hearing for instance requires that each party to a case be given adequate time and opportunity to present their case, if possible by calling witnesses and to test the case of the other side for instance through examination of their witnesses and evidence,” he explained.
“At the end of it all, a judicial officer needs time for research, for reflection and analysis of the dossier, and then to write a judgment. All this whilst hearing other cases as well. Such a process requires considerable time, effort, and energy to do the right thing. It is a very difficult and time-consuming task,” Hon. Chief Justice observed.
He said that with these in mind, judicial stakeholders should be put to check for timely expeditions of cases.
“We must all nonetheless, notwithstanding the challenges, Judges, Magistrates, Cadis, Lawyers, Prosecutors, and even litigants and witnesses, enhance our diligence in the execution of our respective mandates in the judicial process to expedite cases and give real meaning to our mission statement and commitment to deliver quality justice expeditiously,” he emphasized.
The Chief Judge challenges stakeholders to do more in tackling delays that are avoidable to minimize or eliminate such avoidable delays.
“We call on, particularly the Bar – both the public and the private to live up to their roles as Ministers in this temple of justice and to join the Bench in making the delivery of justice expeditious rather than a never-ending and frustrating process,” he concluded.
For her part, Hon. Justice Sarah Aryee promised to deliver justice without unnecessary delays, as her experience working in her motherland Ghana will surely play a crucial role in getting her to deliver as expected.