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Momodou
Denmark
11713 Posts |
 Posted - 06 Dec 2012 : 12:45:42
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Darboe raises eyebrows over ‘appointment’ of acting CJ
The Point: Published on Thursday, December 06, 2012
 The leader of the opposition United Democratic Party (UDP), Ousainou Darboe, has raised eyebrows, after questioning, among others, the legitimacy of the appointment of Hon. Justice Wowo as acting Chief Justice of The Gambia, as has been reported by a local newspaper.
In a letter addressed to the Attorney General and Minister of Justice, Lamin Jobarteh, and made available to this paper, the UDP leader, who is also a veteran lawyer by profession, said the publication, if it is true, is a violation of the Constitution of the Republic of The Gambia.
“I do not think it will be out of place for me to mention that with the publicity given to the indigenisation of the Bench, it is time that the Chief Justice of The Gambia (whether acting or substantive) should be a Gambian,” Darboe wrote.
According to him, “after forty-two (42) years of Republicanism, we cannot afford to have our third arm of Government headed by a non-Gambian”.
Below we reproduce the full text of Ousainou Darboe’s letter addressed to the Attorney General and Minister of Justice:
APPOINTMENT OF ACTING CHIEF JUSTICE AND CHIEF JUSTICE
Of the three arms of Government, the judiciary is accorded a status different from the other two arms namely, the Executive and National Assembly (the Legislature). Members of the National Assembly, except those nominated, are elected to represent constituencies. Its head, the Honorable Speaker, is elected by National Assembly Members. The President who heads the Executive arm of Government is elected by the majority of Gambians. The Executive and Legislative are headed by Gambians.
The Chief Justice who heads the third arm of the Government and other judicial officers are not elected; they are appointed in accordance with the constitutional provisions of regulating the appointment of Judges of the superior courts.
To my knowledge, there has not been a departure from the provisions of the constitution in the appointment of the Chief Justice and other Judges of the superior courts.
However, the story carried by Foroyaa in its Tuesday 4th December 2012 publication on the appointment of Honourable Justice Wowo as acting Chief Justice, if true, is a violation of the Constitution.
Section 140 vests in the President discretion to appoint the most senior judge of the Supreme Court to act in the office of the Chief Justice. Section 140 dose not vest in the President discretion to appoint an acting Chief Justice outside the ranks of justices of the Supreme Court.
I trust you as the Chief Legal Adviser to the Government will advise His Excellency that the word “may” used in Section 140 of the constitution does not grant him licence to appoint any Judge to act as Chief Justice. He may not appoint the most senior judge of the Supreme Court to act office of the Chief Justice, but he must appoint one of the justices of the Supreme Court to act in the office of the Chief Justice
Let the Executive and the Judiciary act in tandem in the observance of the provisions of the Constitution.
I do not think it will be out of place for me to mention that with the publicity given to the indigenisation of the Bench, it is time that the Chief Justice of The Gambia (whether acting or substantive) should be a GAMBIAN. After forty-two (42) years of Republicanism, we cannot afford to have our third arm of Government headed by a non-Gambian.
I salute the contribution to our jurisprudence by non Gambian judges, but the leadership of the judiciary must be placed in the hands of the Gambians. You will, no doubt, agree with me that the judiciary as an institution participates in the shaping and formulation of policies that must of necessity dovetail into the overall national policy. This is one of the reasons why the judiciary of The Gambia should now be headed by a Gambian - there is a pool of Gambian legal luminaries at the Bar and on the Bench who can head this very important institution.
I implore you as a member of the Judicial Service Commission and also as the Attorney General of this country to impress on His Excellency the absolute need to have the judiciary of the Gambia headed by a Gambian.
I make this appeal because I have no doubt that in the appointment of the substantive Chief Justice, the President will if properly advised, act in accordance with Section 138 of the Constitution.
Yours in the service of the Constitution.
A.N.M Ousainou Darboe
Source: The point
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A clear conscience fears no accusation - proverb from Sierra Leone |
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sankalanka
270 Posts |
Posted - 06 Dec 2012 : 14:36:43
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A remarkable contribution to add one's voice in helping to shape an outcome that is in our national interest.
I will suggest that well respected, discipline and exemplary Gambian citizens with a solid intellectual and moral base, should now begin to align themselves together to form a conference that would help to guide and shape policies that are in our national interest.
This leadership conference should operate inside the country, with the structure of a civil society organization, that would monitor and react to all pronouncements by the government; all policy decisions by the government, and all violations and contraventions to our national constitution.
This leadership conference should be bipartisan, and should be guided by principles that holds the national interest as its most supreme obligation. And as such, it can reach out to all major stakeholders in our national discourse to frame the arguments and support the positions that would best serve our nation's interest.
This leadership conference should align itself, and have a working relationship with all the democratic and civil society organizations inside and outside the country.
The active participation of the Gambian citizens in the political and democratic aspirations of the country must be rekindled, must be aroused and strengthened, and a structure as I have outlined above can give the impetus and create a framework in which our governments can be challenged, can be engaged and can be changed. |
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Momodou
Denmark
11713 Posts |
Posted - 06 Dec 2012 : 15:31:05
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Good suggestion Rene but I don’t think one should wait for any conference for such kind of contributions.
To take a quote from you; I believe all opposition parties should “monitor and react to all pronouncements by the government; all policy decisions by the government, and all violations and contraventions to our national constitution” at all times. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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sankalanka
270 Posts |
Posted - 06 Dec 2012 : 17:05:44
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"Good suggestion Rene but I don’t think one should wait for any conference for such kind of contributions."
You are right, Momodou, one should not wait for any conference for such kind of contributions. Citizens have a moral obligation at all times to add their voices to the national discourse so as to guide and shape public opinion that will serve our nation's interest.
However, there is a culture of silence made possible by a repressive political atmosphere, that makes one's contribution to the national discourse severely restraint if not ostensibly censored for fear of possible recriminations. It is in light of this prevailing circumstance that a collective approach to engage and challenge the endemic social and political structures would be more invigorating and responsive.
Instead of dealing with an individual making a comment, a pronouncement or a statement, the government would be dealing with a collective voice that not only demands an answer but has the support and backing of the many civil organization structures that it is aligned with. What such a collective can do with its political leverage will be different from what a person acting in an individual capacity can do; or a political party for that matter.
Clearly political parties have different functions and responsibilities, and all opposition parties can monitor and react to all pronouncements by the government, policy decisions and violations to the constitution and they are doing so. But I believe it would be more effective, and the response more engaging if there is a collective approach to deal with these issues.
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