The Gambia Bar Association (GBA) has initiated legal proceedings at the Supreme Court, challenging the constitutional validity of Edi MO Faal's appointment as Chief Justice. The GBA sent a notice to its members on Friday, communicating this development and outlining the core of their action. The GBA has filed an action before the Supreme Court, seeking a full review of the constitutional propriety surrounding the appointment. The legal challenge principally seeks a declaration that Mr. Faal's purported appointment and/or swearing-in is unconstitutional, null, and void. This challenge stems from the GBA's assertion that there was no vacancy in the office of Chief Justice at the time, given that the incumbent Chief Justice's retirement is set to take effect on August 1, 2026. The association's legal action shows its commitment to upholding the rule of law and ensuring adherence to constitutional provisions governing judicial appointments.
Legal Challenge Details
The Gambia Bar Association's legal action primarily requests a declaration from the Supreme Court that Mr. Edi MO Faal does not meet the constitutional qualifications for appointment as Chief Justice, as stipulated by section 139 of the Constitution. The GBA's action principally seeks a declaration that his appointment, having been made contrary to section 139, is unconstitutional, null and void and of no effect. The GBA seeks a declaration that the purported appointment and/or swearing-in of Mr. Faal as Chief Justice, occurring before the retirement of the incumbent Chief Justice takes effect on August 1, 2026, is unconstitutional, null and void and of no effect, on grounds of there being no vacancy in the office of Chief Justice at the material time. The association contends that his appointment, made in alleged contravention of section 139, is unconstitutional, null, and void, and therefore without legal effect. Consequently, the GBA is seeking an order from the court to set aside the appointment due to its non-compliance with the requirements outlined in section 139 of the Constitution. This full legal approach aims to ensure that all judicial appointments strictly adhere to the constitutional framework.
Background and Previous Actions
The Gambia Bar Association's legal action follows a resolution adopted by its general membership during an emergency general meeting held on July 6, 2026. This resolution provided the mandate for the association to pursue legal recourse. Prior to initiating court proceedings, the association directly communicated its concerns regarding the Chief Justice appointment to the President of the Republic, the Judicial Service Commission, and the Attorney General and Minister of Justice. These communications aimed to resolve the matter through dialogue and administrative channels before resorting to litigation. The GBA stated its role within the legal framework, noting its representation on the Judicial Service Commission. According to a notice from the association, "The GBA is represented on the Judicial Service Commission, is an integral stakeholder in the administration and delivery of justice, and has as part of its institutional mandate the defence of the rule of law and the independence of the Judiciary. Above all, fidelity to the Constitution must remain at the heart of the association’s work." This notes the GBA's commitment to its institutional mandate, which encompasses the defence of the rule of law and the independence of the Judiciary.
Unprecedented Legal Move
Edi MO Faal was appointed as the successor to Chief Justice Hassan Jallow, prompting the Gambia Bar Association (GBA) to seek clarification on the matter. The GBA wrote a second time to the attorney general seeking confirmation of the reported appointment, indicating the seriousness with which the association views the issue. This action aligns with the GBA's institutional mandate, which includes the defense of the rule of law and the independence of the Judiciary. The association stated that to its knowledge, they have never before approached the Supreme Court to challenge the appointment of a Chief Justice. This unprecedented legal move shows the gravity of the GBA's concerns regarding the constitutional validity of the appointment and its potential implications for judicial independence and the rule of law in The Gambia. The GBA's decision reflects its unwavering commitment to upholding constitutional principles and safeguarding the integrity of the country's judicial system.