The Gambia Law Society has publicly backed the appointment of Chief Justice Idrissa MO Faal, stating its position yesterday at a press conference, despite the Gambia Bar Association's ongoing legal challenge. The Bar Association contends Chief Justice Faal is not constitutionally qualified for the role and has taken the matter to the Supreme Court. The Law Society clarified its stance, with a representative stating, "Our disagreement is therefore one of constitutional interpretation and not of personalities, politics or allegiance." The Law Society added, "We state our position respectfully, independently and in the firm belief that professional diversity of thought expressed with civility and fidelity to the law strengthens rather than diminishes the legal profession," showing its commitment to "maintain and defend the integrity and independence of the Bar and the judiciary."
Constitutional Interpretation Clash
The key difference between the two legal bodies centres on Section 139 of the 1997 Constitution, which addresses the qualifications for the Chief Justice position. This section questions whether a nominee from a non-Commonwealth jurisdiction, such as the United States, qualifies for the role. The Bar Association argues that the phrase “common law country” within Section 139 specifically excludes the United States.
However, the Law Society disagrees with the Bar Association's interpretation. Lawyer Lamin Mboge, speaking on behalf of the Law Society, stated, "Our disagreement is one of constitutional interpretation and not of personalities, politics or allegiance." Mboge contended that the US legal system meets and in many areas exceeds common law standards. He noted that "reasonable lawyers approaching the same provisions may sometimes arrive at different interpretations."
Mboge added, "Having considered the circumstances and the role performed by the JSC, we are satisfied the appointee met the applicable constitutional requirements." He further clarified that "a constitutional challenge should not by itself be treated as a determination that the appointment is unconstitutional." The Law Society affirmed its intention to continue defending both the appointment and the Constitution, stating, "the appropriate forum for the authoritative resolution of the constitutional questions raised is the Supreme Court itself."
Law Society's Rationale
The Gambia Law Society stated that Dr. Faal is enrolled to practice law in The Gambia and has paid the requisite practicing fees, having also worked as a solicitor within the country. The Law Society expressed satisfaction that the appointee met all applicable constitutional requirements for the Chief Justice role. The organisation clarified its position, with a representative stating, "Our disagreement is therefore one of constitutional interpretation and not of personalities, politics or allegiance." The Law Society added, "We state our position respectfully, independently and in the firm belief that professional diversity of thought expressed with civility and fidelity to the law strengthens rather than diminishes the legal profession." Its stance is rooted in its constitutional duty, specifically citing Section 4(1)(a) of the GLS Constitution, which mandates it to "maintain and defend the integrity and independence of the Bar and the judiciary."
Judicial Review Process
The Judicial Service Commission undertook a review of the nominee’s credentials for the Chief Justice role. Retired Chief Justice Hassan Jallow chairs the Judicial Service Commission, which also includes the Solicitor General, representing the Attorney General. A senior member of the Bar, a retired senior civil servant, and a Supreme Court judge are also part of the Commission. The Gambia Law Society stated its position respectfully, independently, and in the firm belief that "professional diversity of thought expressed with civility and fidelity to the law strengthens rather than diminishes the legal profession." The Law Society emphasized its constitutional duty to "maintain and defend the integrity and independence of the Bar and the judiciary." Lawyer Lamin Mboge affirmed that "the appropriate forum for the authoritative resolution of the constitutional questions raised is the Supreme Court itself."