The Gambia Bar Association (GBA) has unanimously opposed the selection of Edrissa MO Faal as the replacement for outgoing Chief Justice Hassan Jallow. The GBA's stance emerged following discussions regarding the appointment process for the country's top judicial position. This unanimous opposition, as noted in the article, raises questions about the consistency of the GBA's standards and its historical role in upholding constitutional principles. The author critically examines the GBA's current position, suggesting a selective application of rigor that was conspicuously absent during more challenging periods in The Gambia's legal history.
A History of Constitutional Neglect
The constitution of The Gambia was described as being in the "gutter" for 22 years during the Jammeh era. This period represented a profound crisis for the rule of law and constitutional governance in the nation. During this tumultuous time, Decree No 1 specifically suspended the 1970 constitution, effectively dismantling the foundational legal framework of the country. This legislative environment was further characterized by the widespread implementation of Ouster Clauses, which effectively shielded executive actions from any form of legal challenges, rendering the judiciary largely powerless against the executive's whims. The Armed Forces Provisional Ruling Council (AFPRC – APRC) promulgated 45 decrees or more throughout its tenure, systematically eroding legal safeguards and concentrating power. Disturbingly, the author of the article states that the vast majority of the Gambia Bar Association (GBA) supported the AFPRC-APRC during this time, failing to provide the strong opposition expected of a body dedicated to justice and the rule of law. The author also refers to "mercenary judges" overseeing the judiciary at the whims of Jammeh, painting a grim picture of a legal system compromised by political subservience and a Bar Association that largely acquiesced to such abuses.
Questionable Standards for Leadership
The author claims the Gambia Bar Association (GBA) did not subject previous chief justices to the same rigorous scrutiny currently applied to Edrissa MO Faal. This perceived double standard is a central point of contention in the article, implying that the GBA's current objections may stem from motives other than a consistent commitment to constitutional purity. The article scrutinizes the GBA's current objections, noting that its opposition to Edrissa MO Faal's appointment was based on 'constitutional' technicalities. This focus on technicalities for Mr. Faal, also known as Pa Edi Faal, is contrasted with the GBA's historical silence or even support for appointments made under less constitutionally sound circumstances. The author states that Mr. Faal, also known as Pa Edi Faal, joined the ranks of politically conscious lawyers, a group distinguished by their commitment to using the law as a tool for social justice and change. These lawyers included figures such as William Kunstler, renowned for his defense of civil rights activists, Johnny Cochran, famous for his work in high-profile legal battles, and Mutaqee Akbar, a notable advocate for justice. Their dedication to broader principles of justice and societal reform stands in stark contrast to a narrow, technical interpretation of constitutional requirements, especially when such an interpretation appears selectively applied.
The Legacy of Social Engineers
The Gambia Bar Association's opposition to Edrissa MO Faal's appointment was based on 'constitutional' technicalities, according to the article. This approach, focusing on strict legalistic interpretations, contrasts sharply with the historical role of certain legal figures who viewed the law as a dynamic instrument for societal advancement. This narrow focus on technicalities, particularly in light of the GBA's past actions, prompts a critical evaluation of its current stance. Charles Hamilton Houston, for instance, served as the Dean of Howard University School of Law, where he emphasized the use of legal principles to effect profound social change. Houston's philosophy influenced a generation of lawyers to view their profession not merely as a technical discipline confined to statutes and precedents, but as a powerful tool for societal advancement and the pursuit of justice. His work laid the groundwork for significant civil rights victories, demonstrating the transformative potential of a legally informed and socially conscious bar. The article suggests that the GBA's current emphasis on 'constitutional' technicalities, especially when applied to a figure like Edrissa MO Faal, who aligns with the tradition of politically conscious lawyers, may represent a departure from the more impactful and socially responsible traditions exemplified by legal luminaries such as Houston. This perspective argues for a Bar Association that prioritizes substantive justice and constitutional integrity consistently, rather than selectively applying standards.