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Nyarikangbanna
United Kingdom
1382 Posts |
 Posted - 09 Jun 2009 : 17:26:04
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Culled from the Point.
President Yahya Jammeh acting under the constitution has decided to terminate Mr. Abdou Karim Savage of his appointment as Chief Justice with immediate effect.
In the same vein, acting on under the constitution President Jammeh has appointed Justice Emmanuel Agim President of the Gambia Court of Appeal as the Chief Justice of The Republic of The Gambia says a press release monitored on GRTS last evening.
In another development, President Jammeh has appointed Justice Ota as the President of The Gambia Court of Appeal.
Source: Picture: New Chief Justice Emmanuel Agim
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 09 Jun 2009 18:11:21 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 09 Jun 2009 : 18:04:16
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This is the best news I have ever received from the Gambia. Although this is not a desired way of removing a judge from the bench, and I am not in support of the procedure adopted to effect this development, it is nevertheless a blessing in disguise.
If the right vetting procedures had been adopted and followed to the latter, Justice Savage would not have served on the bench in the first place let alone as the Chief Justice. He is a complete incompetent and a palpable unconscientious man who does not have an iota of moral integrity in his person. He deserves to be shown the exit door given that he should not have been there in the first place. However, the judiciary and the Gambian people do not deserve the kind of blatant executive interference with almost absolute disregard to due process that has been vitiated on the judiciary for too long a time. This is not right and it is distasteful to all those who aspire to see an independent and robust judiciary in the Gambia. It is also a complete mockery to our democratic system as engendered by the 1997 Constitution which although not my favourite, is the supreme law of the land
Another point, although Justice Savage’s successor, Justice Agim, is no less different ['Faa Fisher ninn Faa Kaaku'], and I doubt if he had gone through any robust judicial litmus test prior to his appointment, nevertheless, Abdou Karim Savage needs to go, and I am glad that he is now gone.
Thanks
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 09 Jun 2009 18:59:59 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 09 Jun 2009 : 18:53:58
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The Government Press Release as captured by the Point newspaper above, stated that the president has acted under the constutituion in effecting the removal of the Chief Justice although no constitutional provision has being cited as authority for this claim. However, this does not appeared to be supported by the relevant constitutional authority on this matter. The procedure prescribed by law for the removal of judges from the bench is spelled-out under Section 141 of the 1997 constitution[as amended], and it is as follows:
Section 141;
Subsections;-
[4] 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.
(5) A judge may be removed from his or her office if notice in writing is given to the Speaker, signed by
not less than one-half of all the voting members of
the National Assembly, of a motion that judge is
unable to exercise the functions of his or her office
on any of the grounds stated in subsection (4) and
proposing that the matter should be investigated
under this section.
(6) Where a notice of a motion is received by the
Speaker under subsection (5), the Speaker shall
forthwith cause a vote to be taken on the motion
without debate
(7) If such motion is adopted by the votes of not less
than two-thirds of all the members of the National
assembly-
(a) The National Assembly shall, by resolution, appoint a tribunal consisting of three persons, at least one of whom shall hold or shall have held high judicial office who shall be the chairman of the tribunal;
(b) the tribunal shall investigate the matter and shall report to the National Assembly through the Speaker whether or not it finds the allegations specified in the motion have been substantiated.
(c) If the tribunal reports to the National Assembly that it finds the particulars of any such allegation have not been substantiated, no further proceedings shall be taken under this section in respect of that allegation;
(d) If the tribunal reports to the National Assembly that it finds that the particulars of any such allegation have been substantiated, the National Assembly shall consider the report at the first convenient sitting and if, on a motion supported by the votes of not less than two-thirds of all the members, the National Assembly resolves that the judge be removed from office, the judge shall immediately cease to hold office.
(5) where a tribunal is established under this section in respect of any judge, the judge shall stand suspended from office. The suspension Shall Cease to have effect if the tribunal reports that none of the allegations against the judge has been substantiated or if a motion for his or her removal from office is not supported as provided in paragraph (d) of subsection (7).
(6) All proceedings in a tribunal under this section shall be held in camera and the judge concerned shall have the right to appear and be legally represented before the tribunal.
Thanks
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 09 Jun 2009 19:02:06 |
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toubab1020
12314 Posts |
Posted - 09 Jun 2009 : 18:56:26
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quote:
Originally posted by Nyarikangbanna
This is the best news I have ever received from the Gambia. Although this is not a desired way of removing a judge from the bench, and I am not in support of the procedure adopted to effect this development, it is nevertheless a blessing in disguise.
If the right vetting procedures had been adopted and followed to the latter, Justice Savage would not have served on the bench in the first place let alone as the Chief Justice. He is a complete incompetent and a palpable unconscientious man who does not have an iota of moral integrity in his person. He deserves to be shown the exit door given that he should not have been there in the first place. However, the judiciary and the Gambian people do not deserve the kind of blatant executive interference with almost absolute disregard to due process that has been vitiated on the judiciary for too long a time. This is not right and it is distasteful to all those who aspire to see an independent and robust judiciary in the Gambia. It is also a complete mockery of our democratic system as engendered by the 1997 Constitution which although not my favourite, is the supreme law of the land
Another point, although Justice Savage’s successor, Justice Agim, is no less different ['Faa Fisher ninn Faa Kaaku'], and I doubt if he had gone through any robust judicial litmus test prior to his appointment, nevertheless, Abdou Karim Savage needs to go, and I am glad that he is now gone.
Thanks
I read what you say, it would be interesting to me(and maybe (?)others) if you were able to provide some instances where he has not done his job as one would expect,can you provide anything further? |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 10 Jun 2009 00:16:23 |
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Moe
USA
2326 Posts |
Posted - 10 Jun 2009 : 07:45:44
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I feel that this is gonna be the same script , different cast .Thats how i feel about it. They need fresh faces and new ideas starting with cleaning out their backlogs. There is no reason for this nonsense. Personally I would suggest letting them go through the justice system and see how it feels ..................................................Peace quote:
Originally posted by Nyarikangbanna
This is the best news I have ever received from the Gambia. Although this is not a desired way of removing a judge from the bench, and I am not in support of the procedure adopted to effect this development, it is nevertheless a blessing in disguise.
If the right vetting procedures had been adopted and followed to the latter, Justice Savage would not have served on the bench in the first place let alone as the Chief Justice. He is a complete incompetent and a palpable unconscientious man who does not have an iota of moral integrity in his person. He deserves to be shown the exit door given that he should not have been there in the first place. However, the judiciary and the Gambian people do not deserve the kind of blatant executive interference with almost absolute disregard to due process that has been vitiated on the judiciary for too long a time. This is not right and it is distasteful to all those who aspire to see an independent and robust judiciary in the Gambia. It is also a complete mockery to our democratic system as engendered by the 1997 Constitution which although not my favourite, is the supreme law of the land
Another point, although Justice Savage’s successor, Justice Agim, is no less different ['Faa Fisher ninn Faa Kaaku'], and I doubt if he had gone through any robust judicial litmus test prior to his appointment, nevertheless, Abdou Karim Savage needs to go, and I am glad that he is now gone.
Thanks
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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toubab1020
12314 Posts |
Posted - 10 Jun 2009 : 11:07:45
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quote:
Originally posted by Moe
I feel that this is gonna be the same script , different cast .Thats how i feel about it. They need fresh faces and new ideas starting with cleaning out their backlogs. There is no reason for this nonsense. Personally I would suggest letting them go through the justice system and see how it feels..................................................Peace [quote]
Originally posted by Nyarikangbanna
This is the best news I have ever received from the Gambia. Although this is not a desired way of removing a judge from the bench, and I am not in support of the procedure adopted to effect this development, it is nevertheless a blessing in disguise.
What has this particular judge done wrong,anybody know? Moe you always like to post something . |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 10 Jun 2009 20:59:57 |
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toubab1020
12314 Posts |
Posted - 11 Jun 2009 : 11:12:02
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Kay how about you? you are into things legal,can you answer my question:
What has this particular judge done wrong,anybody know?
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 11 Jun 2009 : 11:25:50
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I do not really know what he has done wrong. I do know that Jammeh has been struggling to have the judiciary handle certain cases more expeditiously. Cases like murder, rape, and some political cases. But these cases are often complex cases requiring lenghty sentences, therefore by there very nature they progress slowly through the courts. Jammeh (Jilanka) is not happy about this.
But besides this the constitution restrains Jammeh from firing the Chief Justice without a proper procedure through a legislative process. Therefore, it looks like the "Big Man" is in violation of the constitution again. He has never obeyed it anyway.
I am particularly saddened by the sacking of Mr. Savage not because I have known him to be competent but I have seen him to be a symbol of the Gambia's judiciary being a "judiciary of the Gambians, by the Gambians and for the Gambians". However, it seems that that prospect is doomed at least for now. |
Edited by - kayjatta on 11 Jun 2009 11:43:18 |
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toubab1020
12314 Posts |
Posted - 11 Jun 2009 : 12:55:50
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Kay, thanks for that posting it appears that this particular judge may have been a bit slow in disposing of his calendar!
Have you ever seen a stipendary magistrate run a magistrates court in England? If you get a chance go and listen,lawyers who spout long diatribes of rubbish are not tolerated,cases are dealt with by way of decision and not adjournment. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 17 Jun 2009 : 00:19:19
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quote:
Originally posted by toubab1020
Kay, thanks for that posting it appears that this particular judge may have been a bit slow in disposing of his calendar!
Have you ever seen a stipendary magistrate run a magistrates court in England? If you get a chance go and listen,lawyers who spout long diatribes of rubbish are not tolerated,cases are dealt with by way of decision and not adjournment.
Toubab, constitutional and election petition cases are meant to be prosecuted within three months [maximum] from the date of their lodging, and it is the constitutional responsibility of the Chief Justice to ensure that this happens. But in 2005, Hamat Bah filed an election petition after losing the disputed Upper Saloum By-election. However, Justice Savage refused to allocate a judge to this case and kept dragging his feet on it until the life span of that parliament expired in 2007. Mr. Bah eventually had to withdraw his case in 2008.
In a more recent development, UDP filed an appeal against his [Justice Savage] decision in 2008, in respect of the local govt. Act but until march 2009, Justice Savage could not be bothered to put the right legal mechanicism in place for the appeal to be heard. Anytime this case is mentioned before the supreme court, he would announce that it is adjourn without justification, and even when the case was allowed to be mentioned, it could not be concluded within the constitutional stipulated time frame due to the delaying tactis deviced by Justice Savage. Meanwhile, a clearly illegal local government system that is not accountable to the people is being allowed to operate in the country with impunity.
There are other instances of where Justice savage displayed sheer incompetence and utter disregard to his constitutional duties, and the above two are just typical.
I hope this helps.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 17 Jun 2009 00:44:34 |
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kaanibaa
United Kingdom
1169 Posts |
Posted - 17 Jun 2009 : 00:26:02
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| My worry is that two wrongs do not make a right.Jammeh as Head of state has to uphold the constitution being its principal custodian, if he fails in these regards ,we are left with an empty document . Less than paper tiger full of s.... and f ,,,, but signifying f ...all. |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 17 Jun 2009 : 00:41:30
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quote:
Originally posted by kaanibaa
My worry is that two wrongs do not make a right.Jammeh as Head of state has to uphold the constitution being its principal custodian, if he fails in these regards ,we are left with an empty document . Less than paper tiger full of s.... and f ,,,, but signifying f ...all.
Kaaniba, you are right. Two wrongs don't make a right but this is not two wrongs. It is one. Justice Savage's shady activities at the bench are just mere extension of the executive's desire to suppress the true spirit of the constitution. In that respect, he is part of the problem and deserves what he got. I hope this serves as a wake-up call to his successor.
Thanks
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I do not oppose unity but I oppose dumb union. |
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toubab1020
12314 Posts |
Posted - 17 Jun 2009 : 01:13:57
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quote:
Originally posted by Nyarikangbanna
quote:
Originally posted by toubab1020
Kay, thanks for that posting it appears that this particular judge may have been a bit slow in disposing of his calendar!
Have you ever seen a stipendary magistrate run a magistrates court in England? If you get a chance go and listen,lawyers who spout long diatribes of rubbish are not tolerated,cases are dealt with by way of decision and not adjournment.
Toubab, constitutional and election petition cases are meant to be prosecuted within three months [maximum] from the date of their lodging, and it is the constitutional responsibility of the Chief Justice to ensure that this happens. But in 2005, Hamat Bah filed an election petition after losing the disputed Upper Saloum By-election. However, Justice Savage refused to allocate a judge to this case and kept dragging his feet on it until the life span of that parliament expired in 2007. Mr. Bah eventually had to withdraw his case in 2008.
In a more recent development, UDP filed an appeal against his [Justice Savage] decision in 2008, in respect of the local govt. Act but until march 2009, Justice Savage could not be bothered to put the right legal mechanicism in place for the appeal to be heard. Anytime this case is mentioned before the supreme court, he would announce that it is adjourn without justification, and even when the case was allowed to be mentioned, it could not be concluded within the constitutional stipulated time frame due to the delaying tactis deviced by Justice Savage. Meanwhile, a clearly illegal local government system that is not accountable to the people is being allowed to operate in the country with impunity.
There are other instances of where Justice savage displayed sheer incompetence and utter disregard to his constitutional duties, and the above two are just typical.
I hope this helps.
Thanks
Thank you for an excellent piece of in depth research   it would appear that (with the help of Kay of course ) my initial hunch was correct.I shall consider you one of my favorites together with Moses Richards
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 17 Jun 2009 01:17:59 |
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Moe
USA
2326 Posts |
Posted - 17 Jun 2009 : 06:01:43
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Every day i come here i atleast learn something new
Thanks...................................................Peacequote:
Originally posted by Nyarikangbanna
quote:
Originally posted by toubab1020
Kay, thanks for that posting it appears that this particular judge may have been a bit slow in disposing of his calendar!
Have you ever seen a stipendary magistrate run a magistrates court in England? If you get a chance go and listen,lawyers who spout long diatribes of rubbish are not tolerated,cases are dealt with by way of decision and not adjournment.
Toubab, constitutional and election petition cases are meant to be prosecuted within three months [maximum] from the date of their lodging, and it is the constitutional responsibility of the Chief Justice to ensure that this happens. But in 2005, Hamat Bah filed an election petition after losing the disputed Upper Saloum By-election. However, Justice Savage refused to allocate a judge to this case and kept dragging his feet on it until the life span of that parliament expired in 2007. Mr. Bah eventually had to withdraw his case in 2008.
In a more recent development, UDP filed an appeal against his [Justice Savage] decision in 2008, in respect of the local govt. Act but until march 2009, Justice Savage could not be bothered to put the right legal mechanicism in place for the appeal to be heard. Anytime this case is mentioned before the supreme court, he would announce that it is adjourn without justification, and even when the case was allowed to be mentioned, it could not be concluded within the constitutional stipulated time frame due to the delaying tactis deviced by Justice Savage. Meanwhile, a clearly illegal local government system that is not accountable to the people is being allowed to operate in the country with impunity.
There are other instances of where Justice savage displayed sheer incompetence and utter disregard to his constitutional duties, and the above two are just typical.
I hope this helps.
Thanks
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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Moe
USA
2326 Posts |
Posted - 17 Jun 2009 : 06:04:36
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Hey toubab, see I after all don't know everything I could not help you with that one. Don't know anything apart from what we all know now..................................Peacequote:
Originally posted by toubab1020
quote:
Originally posted by Moe
I feel that this is gonna be the same script , different cast .Thats how i feel about it. They need fresh faces and new ideas starting with cleaning out their backlogs. There is no reason for this nonsense. Personally I would suggest letting them go through the justice system and see how it feels..................................................Peace [quote]
Originally posted by Nyarikangbanna
This is the best news I have ever received from the Gambia. Although this is not a desired way of removing a judge from the bench, and I am not in support of the procedure adopted to effect this development, it is nevertheless a blessing in disguise.
What has this particular judge done wrong,anybody know? Moe you always like to post something .
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 17 Jun 2009 06:05:29 |
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toubab1020
12314 Posts |
Posted - 17 Jun 2009 : 12:06:36
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Ahh...........MOE,.........Humility from you .............things can change within people,this is indeed good news 
quote:
Originally posted by Moe
Hey toubab, see I after all don't know everything I could not help you with that one. Don't know anything apart from what we all know now..................................Peacequote:
Originally posted by toubab1020
quote:
Originally posted by Moe
I feel that this is gonna be the same script , different cast .Thats how i feel about it. They need fresh faces and new ideas starting with cleaning out their backlogs. There is no reason for this nonsense. Personally I would suggest letting them go through the justice system and see how it feels..................................................Peace [quote]
Originally posted by Nyarikangbanna
This is the best news I have ever received from the Gambia. Although this is not a desired way of removing a judge from the bench, and I am not in support of the procedure adopted to effect this development, it is nevertheless a blessing in disguise.
What has this particular judge done wrong,anybody know? Moe you always like to post something .
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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