The Edward Francis Small Centre for Rights and Justice (EFSCRJ) has called on President Adama Barrow to rescind the appointment of Edrissa M.O. Faal as Chief Justice, arguing that the appointment is unconstitutional and undermines public confidence in the judiciary.
In a statement issued on Monday, the rights organisation expressed concern that Faal was sworn into office on 31 July 2026 before the expiry of the tenure of former Chief Justice Hassan B. Jallow on 1 August, creating what it described as an unprecedented situation in which The Gambia effectively had two Chief Justices simultaneously.
EFSCRJ said it had previously called on the government to provide the public with information on the constitutional basis and qualifications underpinning the appointment following concerns raised by the Gambia Bar Association (GBA).
The organisation noted that the GBA had, in a statement issued on 9 July, opposed the appointment on the grounds that Faal did not satisfy the qualifications prescribed under Section 139 of the 1997 Constitution.
According to EFSCRJ, the government failed to provide any public explanation before proceeding with the appointment despite the constitutional significance of the office of Chief Justice.
It also criticised the President and the Attorney General and Minister of Justice for failing to respond to written requests from the Gambia Bar Association seeking clarification on the appointment.
The rights group further noted that the GBA had filed a case before the Supreme Court challenging the constitutional validity of the appointment.
EFSCRJ argued that, based on its review of the Constitution and Faal’s publicly available curriculum vitae, he does not satisfy the requirements set out under Section 139 of the Constitution.
It said Faal’s résumé does not indicate that he has served as a judge in The Gambia or elsewhere and questioned whether he meets the constitutional requirement relating to legal practice in a recognised common law jurisdiction.
While acknowledging Faal’s legal experience, particularly in the United States, the organisation argued that the United States is neither a member of the Commonwealth nor a jurisdiction prescribed by the National Assembly for the purposes of Section 139 of the Constitution.
EFSCRJ further contended that the appointment was inconsistent with the principles of constitutionalism and the rule of law and cited the Commonwealth Latimer House Principles, which advocate transparent and lawful judicial appointments.
The organisation also referred to President Barrow’s participation in the Tripartite Conference on the Commonwealth Latimer House Principles held in Banjul in July, stating that the appointment appeared inconsistent with the commitments made during the conference.
EFSCRJ called on the President to revoke the appointment or take measures to preserve the integrity of the judicial process pending the outcome of the constitutional challenge before the Supreme Court.
It also urged the government to disclose the constitutional basis and process followed in making the appointment and to ensure that future judicial appointments comply fully with the Constitution.
The organisation reminded the President of previous Supreme Court rulings declaring unconstitutional the removal of former nominated National Assembly member Ya Kumba Jaiteh and former Auditor General Momodou Ceesay, urging strict adherence to the rule of law.
EFSCRJ also appealed to civil society organisations, political parties, professional bodies, religious and traditional leaders, the media and the wider public to defend the Constitution and uphold democratic governance.