By Haddy Touray
The President of the Gambia Bar Association (GBA), Neneh M.C. Cham, has rejected allegations that the association’s legal challenge against the appointment of Chief Justice Edi M.O. Faal is politically motivated, saying the action is aimed at protecting the constitution and the rule of law.
Speaking in an interview with West Coast Radio, Cham said the GBA remained independent of political parties and that its decision to petition the Supreme Court was based solely on constitutional concerns.
“Anyone who knows me knows that I never allow myself to get into politics,” she said, stressing that the Association must preserve its independence, credibility and integrity.
She said the GBA had a duty to defend constitutional principles and ensure compliance with the law, adding that claims that the petition was politically driven were unfounded.
According to Cham, the Association does not take sides in political matters and would continue to maintain its non-partisan position regardless of who leads it.
She acknowledged that legal disputes involving the country’s highest judicial office could raise concerns about public confidence in the judiciary, but maintained that constitutional obligations must take precedence.
Cham explained that the GBA initially sought dialogue to resolve the matter before resorting to legal action, describing court proceedings as a last resort.
“We tried to engage to avoid going to court because it is not a pleasant situation to be in. But when it comes to compliance with the Constitution of The Gambia, there should be no compromise,” she said.
She added that the Association would not withdraw its position unless the constitutional requirements it raised were addressed.
“Our position will not change. We hope there will be second thoughts and a reconsideration by the appointing authority, but we will not waver,” she said.
Cham described the case as an important constitutional matter that could allow the Supreme Court to clarify the interpretation of Section 139 of the Constitution and provide guidance on future judicial appointments.
She urged the public to view the proceedings as part of the normal functioning of a constitutional democracy, where institutions and individuals have the right to seek judicial interpretation of disputed legal questions.
The Gambia Bar Association recently filed a petition before the Supreme Court challenging the appointment of Chief Justice Edi M.O. Faal, arguing that the appointment does not meet the eligibility requirements provided under Section 139 of the Constitution.
The petition has been filed but is yet to be assigned a hearing date.