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| T O P I C R E V I E W |
| Momodou |
Posted - 04 Apr 2017 : 14:13:32
GBA sues AG, JSC over re-appointment of four judges
By Bruce Asemota
The Point: Tuesday, April 04, 2017
http://thepoint.gm/africa/gambia/article/gba-sues-ag-jsc-over-re-appointment-of-four-judges
 The Gambia Bar Association (GBA) has filed an action against the Attorney General and Minister of Justice, and the Judicial Service Commission over the re-appointment of four Nigerian High Court judges.
The judges are Justice Edward E.Ogar, Justice Martias O. Agboola, Justice Simeon A.Abi and Justice Martins U.Okoi.
The Gambia Bar Association claimed that the appointments of the Judges are not in line with the constitution of the Republic of The Gambia 1997.
Our sources revealed that the suit seeks to challenge the appointments and an order quashing their appointments.
It could be recalled that these four Nigerian High Court judges - Justice Edward E. Ogar, Justice Martias O. Agboola, Justice Simeon A. Abi and Justice Martins U. Okoi - were among several other judges that had their contract renewed late last year for January to December 2017 but as a result of the political impasse that gripped the country, some of the judges travelled out of the country.
But after the political impasse, some of the judges returned to resume work but were informed to hold on pending the swearing in of the new Chief Justice as the erstwhile Chief Justice who facilitated the renewal of the judges had resigned few days before former President Jammeh left the country.
After the new Chief Justice was sworn in and assumed office, the judges did not resume work as there were reports that some members of the Gambia Bar Association (GBA) would not appear before any foreign judge if they were re-appointed.
Meanwhile, sources disclosed that the appointments of judges are done in consultation with the Judicial Service Commission and not with the Gambia Bar Association, citing sections 138 and 145 of the 1997 constitution of The Gambia.
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| 1 L A T E S T R E P L I E S (Newest First) |
| Momodou |
Posted - 04 Apr 2017 : 14:19:51
A NEW SYSTEM OF APPOINTMENT OF JUDGES NEEDED
Foroyaa Editorial: April 2, 2017
http://www.foroyaa.gm/archives/15082
The Bar Association has made its position clear, they don’t want to go back to the past, in short, they don’t want quack judges. What they want are judges that are competent, qualified and with integrity.
The following can be quoted from the manifesto of President Barrow when contesting for the presidency:
“To ensure judicial oversight the Independence of the Judiciary will be buttressed by undertaking constitutional amendments which would link any removal of a judge, magistrate or member of a district tribunal to be determined by judicial enquiry by a tribunal headed by competent judges.”
But this does not meet the legitimate demand of the Bar who want competent judges with integrity. What can be considered by any constitutional reform commission is the establishment of an independent commission responsible for the appointment/endorsement of appointment of all judges who will be subject to scrutiny before appointment. This will act as deterrence to the appointment of quack judges.
As for those who are already appointed, the stakeholders can dialogue to find a way out.
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