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Momodou
Denmark
11634 Posts |
 Posted - 02 Aug 2013 : 12:51:06
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Chief Justice pledges to build sound, credible judiciary
By Isatou Senghore-Njie
The Point: Published on Friday, August 02, 2013
 The newly-appointed Chief Justice of The Gambia officially took the oath of office yesterday with a pledge to build a sound, credible judiciary, respected for its integrity, fairness and justice.
Justice Mabel Yamoa Agyemang, who was recently appointed to the post, replacing Justice Joseph Wowo, took the oaths of office, allegiance and secrecy at a ceremony presided over by President Yahya Jammeh at State House in Banjul.
‘‘I pledge to perform the functions of my office with diligence, excellence and devotion to duty. I recognize that with a high honour comes responsibility.
‘‘I pledge to work hard, to be focused on the task to ensure adherence to the rule of law as it impacts on good governance, and to carry my colleagues with me in the quest to build a sound, credible judiciary, respected for its integrity, fairness and justice,’’ Justice Agyemang stated......
Read Full Story
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Karamba
United Kingdom
3820 Posts |
Posted - 02 Aug 2013 : 16:38:10
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Subject to critical interpretation, this assertion by the able Chief Justice implies many related matters. One of it is that there was NO CREDIBLE JUDICIARY and she has come to BUILD one. For now shall we settle on that view.
But then how the judiciary earned such a profile that a new Chief Justice is needed to build it is another matter. The judiciary or its lack of credibility will Kayjatta step in here? |
Karamba |
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toubab1020
12306 Posts |
Posted - 02 Aug 2013 : 17:34:55
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| I say give the girls a chance,the men have made many mistakes,let the new building raise up from the old in a modern way,it's a wait and see game. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kobo
United Kingdom
7765 Posts |
Posted - 03 Aug 2013 : 08:11:31
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Ghana editor warns Gambia’s new Chief Justice
"Editor-In-Chief of the New Crusading Guide newspaper, Abdul Malik Kweku Baako has asked her ladyship Mrs. Justice Mabel Maame Agyemang ‘to be tough’ in administering her duties as the Chief Justice of the Republic of Gambia.
According to him, if she does not stand her grounds, she will be manipulated by the President of the country, Yahya Abdul-Aziz Jemus Junkung Jammeh.....
Justice Agyemang, a Ghanaian, has been sworn in as Gambia’s Chief Justice and looking at the style of leadership of President Jammeh, Kweku Baako has advised her to be firm and insist that no one interferes with her work.
“The only thing is that Gambia’s President is a crazy guy. I will be honest; I don’t like him one bit. I detest his politics and I just pray for this lady. That man has no scruples and he will try as much as possible to interfere in the administration of justice and all sorts of things and so you (Justice Agyemang) have to be tough to be able to preside over the Judicial System in Gambia. His human rights record is appalling. He’s a disaster of a president and yet he is sitting there as a president. I just don’t want to hear his name…” he told Kwami Sefa-Kayi during Kokrokoo on Wednesday.
He however congratulated her ladyship for attaining that height especially as a woman.
“I am quite impressed especially she being a woman…it shows our skills and expertise; the fact that we have a human resource of a high quality across the international civil service…Kofi Annan is a big example…it is good. As much as possible, we are contributing to the international culture. I am so impressed.”...."
SOURCE: More full information here
2 MORE FROM GHANA MY JOY ONLINE NEWS AND LISTEN TO AUDIO SUBMISSION OF KWEKU BAAKO UNDER:
Kweku Baako 'fears' for Ghanaian Chief Justice for The Gambia
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Edited by - kobo on 03 Aug 2013 14:31:11 |
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Momodou
Denmark
11634 Posts |
Posted - 03 Aug 2013 : 16:47:46
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quote:
Originally posted by toubab1020
I say give the girls a chance,the men have made many mistakes,let the new building raise up from the old in a modern way,it's a wait and see game.
Although, I prefer seeing a Gambian in the position, I agree with you Toubab that the lady should be given chance.
It’s not about discriminating Nigerians but I believe Ghanaians are more trustworthy than Nigerians with regards to corruption.
I give her the benefit of the doubt until we see her performance.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12306 Posts |
Posted - 05 Aug 2013 : 16:42:05
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Momodou,I am of the opinion that "my favorite Gambian" should be,approached, it appears now that H.E.has established an opinion on delays in the Gambian Legal system and highlighted them, if the Point article is anything to go by:
http://thepoint.gm/africa/gambia/article/jammeh-shocked-by-report-on-mile-2-prison
Jammeh ‘shocked’ by report on Mile 2 prison
The Point: Published on Monday, August 05, 2013
President Yahya Jammeh has said that he was shocked, when he read a report presented to him recently about a visit to the State Central Prison Mile 2, which among others highlighted the plight of inmates, especially those at the remand wing of the prison, some of whom have been there for years with only one court appearance.
He was speaking Thursday during the swearing in of the newly-appointed Chief Justice of The Gambia, Justice Mabel Yamoa Agyemang, at State House in Banjul.
‘‘I was shocked that there are many cases and many people languishing at the remand wing just waiting for judgment; there are people who have appeared only once in a court, and it has been adjourned and up to today, they have never appeared in court again, and they are in the remand wing,’’ President Jammeh said.
According to him, these are people that are supposed to know their fate quickly so that if they are innocent, they can go and join their family; and if they have done anything, they pay for it.
‘‘But for somebody to be detained or remanded in custody after just one appearance in court for four years without seeing another judge or a magistrate is unacceptable,’’ he declared.
President Jammeh noted that they have done everything possible, as the executive, to make sure that the judiciary are properly remunerated “and incentives put at your desk within the limits of our means”.
The judiciary, he added, must also reciprocate by ensuring the speedy dispensation of justice. ‘‘Many a time, you see on both sides, but most of the time it’s from the defence attorneys. They know that this is a prima facie case against their client, and they know that that there is no way they can win the case; and then in order to waste time, they ask for unnecessary adjournments or bring in voir dire, which is becoming very common, and it is unacceptable.’’
Though it is part of the legal system, however the judge or the magistrate has the final say on whether to grant voir dire, Jammeh added.
The Gambian leader went on to commend Justice Emmanuel Nkea of the high court in Banjul and a host of others for their diligence and hard work.
‘‘I know that each time a case appears before Justice Nkea or Justice Amadi and others, I know they will be taken care of. Just like the Special Criminal Court operates, all the other courts should operate on the same pedestal. It is only in The Gambia where you find a murder case going [on for] four to five years,’’ he said.
In President Jammeh’s view, “a treason trial of coup plotters taking almost six years, it does not happen anywhere in Africa”.
‘‘In those cases, a coup plotter faces the justice system less than a week, and justice is delivered. Here in The Gambia, it has been going on and on, and it is not going to be tolerated. Justice has to be done and, in high profile criminal cases, I think the public wants to see justice done,’’ he stated.
Source: Picture: President Yahya AJJ Jammeh
The D.O. has yet to publish it's article on the speech made by H.E. the only recent Legal reference I found was this:
http://observer.gm/africa/gambia/article/superior-court-commences-summer-vacation-today
Superior Court commences summer vacation today
Africa » Gambia
Thursday, August 01, 2013
The Superior Court in The Gambia would today 1st August, 2013 commence its summer vacation that would end on 30th September 2013, judicial sources confirmed to the Daily Observer.
However, Justice Kumba Sillah-Camara would be the vacation judge from the 1st August to the 29th August 2013, whilst Justice Joseph Enwa Ikpala would commence as the vacation judge from the 2nd to the 30th September 2013.
Meanwhile, the new legal year term would begin on the 1st October 2013.
Author: Sidiq Asemota
quote:
Originally posted by Momodou
quote:
Originally posted by toubab1020
I say give the girls a chance,the men have made many mistakes,let the new building raise up from the old in a modern way,it's a wait and see game.
Although, I prefer seeing a Gambian in the position, I agree with you Toubab that the lady should be given chance.
It’s not about discriminating Nigerians but I believe Ghanaians are more trustworthy than Nigerians with regards to corruption.
I give her the benefit of the doubt until we see her performance.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11634 Posts |
Posted - 05 Aug 2013 : 21:07:34
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THE INDEPENDENCE OF THE JUDICIARY AND SECURITY OF TENURE OF JUDGES AND MAGISTRATES
Foryaa Editorial: Published on Monday, 05 August 2013
The removal and detention of persons who have occupied positions in the Judiciary that is as high as the office of chief Justice raises the question regarding the security of tenure of people holding judicial office and by extension the independence of the judiciary. The Judiciary is supposed to be the guardian of constitutional rule. Section 4 of the Constitution states that “This constitution is the supreme Law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”
Section 5 empowers the courts with the powers to declare which law or action is inconsistent with the provisions of the constitution. In short, if a President is to remove a Chief Justice or a Judge from office, it is the courts that should decide whether the action is constitutional or not. How would the court intervene if the President could remove any judge at will? The tenure of office of judges is clearly stipulated under Section 141 of the Constitution. This section has 9 subsections which are connected to each other and should be read in tandem in order to have a correct interpretation of it. The Chief Justice is the Chairperson of the Judicial Service Commission.
It would be absurd for a Head of State to remove a Chief Justice by being in consultation with the Judicial Service Commission presided over by the person who is to be removed. What would not lead to absurdity in interpretation is to adhere to the procedure elaborated in Subsections (4) to (8) which make it a requirement for the National Assembly to hear the motion recommending the investigation of allegations against a judge followed by the setting up of a tribunal if the motion passes. Subsection (8) indicates the following:
“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).”
It follows that if the tribunal finds the judge culpable, the judge will cease to hold office once the finding is adopted by the National Assembly. In our view, such a procedure is what is in line with accountability and transparency and would reinforce the Independence of the judiciary and its impartiality and Independence.
In the same vein, the Master of the Supreme Court, The Registrar, Assistant Registrar and Magistrates are appointed by the Judicial Service Commission and should be bound by Judicial Service Terms and Conditions of Service prepared by the Commission so that judicial officers would not be subjected to any control and direction other than the law and judicial precedence in performing their duties and would not be victimized in any way for performing their duties with honesty and impartiality.
This is the way forward if separation of powers is to be a reality.
Source: Foroyaa
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Karamba
United Kingdom
3820 Posts |
Posted - 06 Aug 2013 : 02:23:41
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| Shocked for what?? Jammeh is big time pretender. He created all the conditions for that to happen. Everyone listens to his orders. When he forgets that's it. It is not possible for one man taking all the heavy load on his little head and expect smooth running of things. What we are seeing is direct result of Jammeh overloading. He will still pretend it is surprising. Only big fools will buy that story. |
Karamba |
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toubab1020
12306 Posts |
Posted - 06 Aug 2013 : 11:14:33
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Karamba,maybe it is a little early to write such a scathing posting,EVERYONE is entitled to have a change of heart for all sorts of reasons, those reasons are multiplied if you are a political figure,wait and see if things change,it is possible that you may be surprised ,who knows 
quote:
Originally posted by Karamba
Shocked for what?? Jammeh is big time pretender. He created all the conditions for that to happen. Everyone listens to his orders. When he forgets that's it. It is not possible for one man taking all the heavy load on his little head and expect smooth running of things. What we are seeing is direct result of Jammeh overloading. He will still pretend it is surprising. Only big fools will buy that story.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 06 Aug 2013 : 17:28:08
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Karamba, I am also suprised as to why he is shocked because all these stories have been narrated all over the place and in all forms of medium.
Thanks |
I do not oppose unity but I oppose dumb union. |
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toubab1020
12306 Posts |
Posted - 09 Aug 2013 : 15:58:24
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Still nothing published by the D.O.
"The D.O. has yet to publish it's article on the speech made by H.E. the only recent Legal reference I found was this:
http://observer.gm/africa/gambia/article/superior-court-commences-summer-vacation-today
Superior Court commences summer vacation today
Africa » Gambia
Thursday, August 01, 2013" |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12306 Posts |
Posted - 12 Aug 2013 : 16:48:44
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The UK appears very happy with the choice,despite the somewhat diplomatic language used by the The British High Commissioner,OK he is a diplomat,so totally understandable 
British High Commissioner Comments on Appointment of new Chief Justice
Monday, August 12, 2013
The British High Commissioner to The Gambia, His Excellency David Morley has welcomed the appointment of Mrs Mabel Agyemang as the new Chief Justice of The Republic of The Gambia. Mr Morley said that the UK Government regarded the new Gambian Chief Justice as an experienced and independent minded Judge and hoped that Mrs Agyemang, with the determined support of the Attorney General, Mrs Amie Joof, would help restore the image of the Gambian judicial system. ‘Mrs Agyemang has a great record as a Commonwealth Judge and her appointment is an inspired one’ said Mr Morley. Mr Morley added that the UK Government applauded His Excellency President Jammeh for his choice of Chief Justice and wished Mrs Agyemang the very best in her future endeavours. He further noted the widespread interest in, and support for, Mrs Agyemang’s appointment from within The Gambia and across the wider region.
http://thepoint.gm/africa/gambia/article/british-high-commissioner-comments-on-appointment-of-new-chief-justice |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 12 Aug 2013 16:49:54 |
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toubab1020
12306 Posts |
Posted - 13 Aug 2013 : 12:22:42
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Again interesting
Tuesday, August 13, 2013
The High Court in Banjul, presided over by Justice Mikailu Abdulahi, Monday discharged three accused persons
"Meanwhile, the decision of the judge to discharge the accused was prompted by an application made by the director of public prosecution (DPP) S H Barkun, who filed a ‘Nolle Prosequi’ in order to withdraw the matter from the court, as the state did not intend to continue with the case."
http://observer.gm/africa/gambia/article/economic-crime-suspects-discharged |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 13 Aug 2013 12:23:43 |
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toubab1020
12306 Posts |
Posted - 14 Aug 2013 : 11:33:41
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"FAIR HEARING AND PRESUMPTION OF INNOCENCE ARE FUNDAMENTAL PRINCIPLES OF JUSTICE"
"WHY IS PRESIDENTIAL PARDON BEING MENTIONED BEFORE JUDGMENT?
There is a tendency building up among the population that once the President mentions particular cases of people on trial people conclude that they would be convicted. In many countries, mentioning a case at such a high level and talk of punishment before the completion of a trial would be utilised to ask the court to quash the case for want of fair hearing. "
Snippet from:
http://www.foroyaa.gm/editorial/13924-fair-hearing-and-presumption-of-innocence-are-fundamental-principles-of-justice |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12306 Posts |
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toubab1020
12306 Posts |
Posted - 15 Aug 2013 : 16:07:15
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Again very interesting.
http://www.foroyaa.gm/burning-issues/13939-6-beggars-discharged
Snippet;
"Corporal Camara applied for the withdrawal of the case pursuant to section 68 of the Criminal Procedure Code on the grounds that it has realised that pursuing the case is going to create havoc to the accused persons." |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Chief Justice to build sound, credible judiciary?
