By: Fatou Krubally
Gambia’s outgoing Chief Justice, Hassan B Jallow has stressed that judicial independence exists primarily to protect the rights and freedoms of citizens, stressing that it is not a privilege for judges but a fundamental guarantee of fair and impartial justice.
He made the remarks at the opening of the Tripartite Conference on the Commonwealth (Latimer House) Principles in Banjul, which brought together representatives of the Executive, Legislature and Judiciary under the theme: “Upholding the Rule of Law and Democratic Balance.”
Addressing President Adama Barrow, National Assembly Speaker Fabakary Tombong Jatta, senior government officials, members of the diplomatic corps and development partners, the Chief Justice described the conference as an important platform for strengthening constitutional democracy and the rule of law in The Gambia.
He said an independent judiciary is a cornerstone of democratic governance, ensuring that every individual receives equal treatment before the law.
“Judicial independence is not a privilege conferred upon judicial officers, nor is it an institutional advantage enjoyed by the Judiciary,” Justice Jallow said.
“Rather, judicial independence exists for one fundamental reason: to protect the rights and freedoms of every individual who comes before the courts.”
He said citizens, irrespective of their social status, political affiliation, wealth, ethnicity or religion, must have confidence that their cases will be decided fairly, impartially and solely on the basis of the law and the evidence presented.
Justice Jallow noted that the Commonwealth (Latimer House) Principles remain an important framework for promoting democratic governance by encouraging each branch of government to perform its constitutional responsibilities while respecting the independence of the others.
He, however, emphasized that constitutional independence should not be interpreted as institutional isolation, calling for greater collaboration among the Executive, Legislature and Judiciary within the limits set by the Constitution.
The Chief Justice disclosed that efforts are underway to establish a Forum of Heads of State Organs to institutionalize dialogue among the three branches of government. He said the initiative has received the support of President Barrow, who earlier this year met with the Speaker of the National Assembly and the Chief Justice to endorse the process.
Justice Jallow said the conference is expected to conclude with the signing of a Memorandum of Understanding among the three arms of government and the adoption of a National Action Plan aimed at strengthening cooperation while preserving institutional independence.
He urged participants to ensure that the deliberations lead to practical reforms that reinforce governance, the administration of justice and democratic accountability in The Gambia.
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