By Binta Jaiteh
The Commonwealth Lawyers Association (CLA) has expressed support for the Gambia Bar Association (GBA)’s decision to challenge the appointment of Chief Justice Edi M.O. Faal before Gambia’s Supreme Court.
CLA describes the move as consistent with the role of an independent bar in upholding the constitution and the rule of law.
In a statement, the CLA says it supports responsible law societies and bar associations that act to defend the independence of the legal profession and the judiciary while promoting respect for the rule of law.
The association goes on to note that the office of the Chief Justice is central to maintaining public confidence in the administration of justice because the holder presides over a court that determines constitutional disputes, electoral petitions, human rights cases and other matters of national importance.
“The appointment of a Chief Justice is therefore central to maintaining public confidence in the administration of justice and the rule of law,” the statement reiterated.
The CLA cited the Commonwealth (Latimer House) Principles on the Three Branches of Government which stated that an independent, impartial, honest and competent judiciary was essential to upholding the rule of law, fostering public confidence and ensuring the fair administration of justice.
It added that the principles also recognised an independent, effective and competent legal profession as fundamental to safeguarding the rule of law and judicial independence.
According to the association, the Gambia Bar Association acted within its constitutional responsibility by placing the legal questions surrounding the appointment before the Supreme Court and undertaking to abide by the court’s determination.
The CLA further noted the GBA’s stated commitment to pursue the proceedings in accordance with the law and to respect the final judgment of the Supreme Court.
The association said it would closely follow the proceedings and encouraged all parties to respect the right to institute legal proceedings, conduct themselves with dignity and professionalism, and accept the court’s decision when it was delivered.
The Commonwealth Lawyers Association is an international non-profit organisation that promotes the rule of law throughout the Commonwealth by supporting an independent legal profession and judiciary guided by the highest standards of ethics and integrity.
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