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| T O P I C R E V I E W |
| Momodou |
Posted - 13 May 2015 : 15:30:28
Gambia’s Chief Justice dismissed
The Point: Published on Wednesday, May 13, 2015
 According to reliable sources, Justice Ali Nawaz Chowhan, Chief Justice of The Gambia, was Tuesday removed from office.
No official reason was advanced to this paper for the removal of Justice Chowhan, a Pakistani national.
He was replaced by Justice Emanuel Fagbenle, president of the Gambia Court of Appeal,as acting Chief Justice.
Justice Ali Nawaz Chowhan was sworn in as Chief Justice of The Gambia on 6 March 2014.
Before coming to The Gambia, Justice Chowhan served as a consultant on legal affairs, administrative law and international law for the President of Pakistan.
He was also alternate chairman of the UNESCO appeal board, and a visiting professor of law, and president of Punjab University Society of International Law.
He was elected international judge of the United Nations, by the UN General Assembly, and worked from 2006 to 2009 for the UN at The Hague in The Netherlands.
Related Topics:
- Pakistani sworn-in as Gambia’s new chief jusice
- Where is justice WOWO?
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| 5 L A T E S T R E P L I E S (Newest First) |
| Momodou |
Posted - 26 May 2015 : 15:12:44
Profile: From Pindi to Gambia and back
By Malik Asad
DAWN: Published 26 May 2015
RETIRED Justice Ali Nawaz Chohan has recently been appointed the chairman of the National Commission on Human Rights (NCHR), after relinquishing charge of the post of chief justice of the Republic of Gambia earlier this month.
Justice Chohan stepped down from this highest judicial slot after he developed differences with Gambian President Yahya Jammeh for acquitting former Gambian naval chief Sarjo Fofana in a treason case. Mr Fofana was a co-accused in planning a coup against the Jammeh regime over a decade ago, and had been under arrest since 2006. In the same case, Mr Chohan — hearing an appeal against the conviction of former Gambian army chief Lang Tombong Tamba — upheld the latter’s conviction, which had been announced by the high court in 2013.
“Since the Gambian government was not happy with the decision, I therefore decided to step down because I could not work in such an environment,” Mr Chohan told Dawn.
Prior to his elevation as the chief justice of Gambia in March 2014, Mr Chohan had been elected an international judge of the United Nations by the General Assembly, and worked as such for the UN at The Hague between 2006 and 2009 with the diplomatic status of under-secretary general of the UN...................
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| Momodou |
Posted - 20 May 2015 : 17:52:01
Is the former Chief Justice out of the country?
By Sailu Bah
Foroyaa: Published on May 19, 2015
Following the removal of the Chief Justice of The Gambia Ali Nowaz Chowhan, a Chief JusticePakistani national, from his position late last week, it is being reported that he has now left the country.
Visiting the residence of the former head of the Gambian judiciary at Brufut Gardens on Friday, 15 May 2015, in order to confirm the veracity of the claim that he was asked to leave within 72 hours, this reporter found three uniformed security personnel from the Police Intervention Unit (PIU) and two men in plain clothes at the gate. When asked about the whereabouts of the former Chief Justice, their response was that he is no longer staying there. On whether the former Chief Justice is still in the country, the response was that they only know that he is not residing there anymore.
There is yet no official statement on reports of removal of Ali Nowaz Chowhan as Chief Justice from office or the appointment of Justice Emmanuel Fagbenle to replace him.
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| Momodou |
Posted - 15 May 2015 : 12:15:29
Reports of Chief Justice’s Removal Persist BUT……
By Sailu Bah
Foroyaa: Published on May 14, 2015
Neither the executive nor the judiciary has made any pronouncement on the persistent reports of the removal of Chief Justice Ali Nowaz Chowhan from the highest judicial office of this land.
There is also no official statement that Justice Fagbenle has been appointed to replace him.
Foroyaa had earlier received unconfirmed reports of the removal of the Chief Justice of the Gambia from office on Tuesday 12 May 2015.
This prompted this reporter to go and confirm the reports at the Supreme Court with the Judicial Secretary Landing Sanneh on Wednesday 13 May 2015, but the secretary told this reporter that the Judicial Secretary told her that he is not willing to accommodate any journalist.
This reporter also got information from a person working within the Supreme Court that, the chief Justice had not been to work yesterday, adding that he heard that the chief justice is not working with the Supreme Court.
When this reporter visited the residence of Justice Chowhan at Brufut Gardens yesterday afternoon two PIU security officers were posted at the gate of the premises. It was indicated that Chief Justice Chowhan left for Banjul since in the morning and did not return.
Foroyaa will continue its investigation.
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| Momodou |
Posted - 14 May 2015 : 12:30:08
Fagbenle appointed CJ, Justice Mbai president of Appeal Court
The Point: Thursday, May 14, 2015
 Reliable sources have informed this paper that Justice Emmanuel Fagbenle, president of the Gambia Court of Appeal, was yesterday appointed the new Chief Justice of The Gambia.
He replaced Justice Ali Nawaz Chowhan, who was sacked on Tuesday.
In the same vein, sources confirmed to this paper that Justice Edrissa Fafa M’bai, who was removed recently as a high court judge, has been reappointed as acting president of the Gambia Court of Appeal.
When contacted, Justice M’bai confirmed his appointment, saying: “I have received my appointment letter as acting president of The Gambia Court of Appeal.”
It would be recalled that Justice M’bai has served in various capacities in the judiciary.
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| Momodou |
Posted - 13 May 2015 : 20:56:09
COULD A CHIEF JUSTICE BE REMOVED FROM OFFICE WITHOUT DUE PROCESS?
Foroyaa Editorial: Published on May 13, 2015
Foroyaa is very much concerned about the security of tenure of judges. The rumours are rife again. The unconfirmed report is that the chief justice is removed. As was the case of the Court Martial, the state broadcaster was left to give the public stale news.
After Chief Justice Agim’s departure Justice Wowo acted as Chief Justice and was followed by Chief Justice Agyemang. Justice Fagbenle then acted as Chief Justice and was replaced by Chief Justice Ali Nawaz Chowhan.
Now one may ask could a judge be dismissed without due process. Section 141 of the constitution contains two provisions which should be read in tandem. According to Section 141 subsection (2) subject to the provisions of this section, a judge of a Superior Court-
(a) may retire on pension at any time after attaining the age of sixty five years;
(b) shall vacate the office of judge on attaining the age of seventy years; or
(c) may have his or her appointment terminated by the President in consultation with the Judicial Service Commission.
Subsection (4) adds that “The Chief Justice, a justice of the Supreme Court, the Court of Appeal and the High court and members of the Special Criminal Court may only be removed from office for inability to perform the functions of his or her judicial office, whether arising from infirmity of body or mind, or for misconduct.”
This of course is determined by impeachment proceedings as specified under Section 141 of the Constitution. In our view no judge should be removed without such proceedings.
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