Human Rights Advocate Challenges Chief Justice Appointment, Calls for Constitutional Compliance

By Seedy Jobe

Madi Jobarteh, Executive Director of the Edward Francis Small Centre for Rights and Justice (EFSCRJ), has raised concerns over the government’s appointment of Edi M. O. Faal as Chief Justice, arguing that the process lacked transparency and may not comply with constitutional requirements.

Speaking to Askanwi Media on Saturday, Jobarteh said EFSCRJ was concerned that President Adama Barrow proceeded with the appointment without consulting key stakeholders in the justice sector, particularly the Gambia Bar Association. The Bar Association has publicly maintained that Faal does not meet the constitutional qualifications for appointment as Chief Justice.

Jobarteh said the Centre had also sought an explanation from the government on the basis for selecting Faal for the country’s highest judicial office, stressing that the position carries significant constitutional responsibility. He noted that, as of Saturday, the government had not issued a public statement outlining the reasons behind the nomination.

According to Jobarteh, EFSCRJ’s review of the Constitution led the organization to conclude that Faal does not satisfy the legal requirements for appointment as Chief Justice. He emphasized, however, that the Centre’s position was not intended to diminish Faal’s professional credentials or legal experience.

“Our review of the Constitution indicates that the man does not qualify,” Jobarteh said. “That is not to say he does not have an excellent legal qualification or experience, but then our Constitution also is the Constitution.”

To illustrate his point, Jobarteh argued that statutory qualifications must be respected regardless of an individual’s competence. He likened the situation to driving, saying that no matter how skilled a person may be, the law still requires a valid driver’s license before one can legally operate a vehicle.

He urged President Barrow to ensure that the appointment process strictly complies with the Constitution, warning that any departure from constitutional requirements would undermine the rule of law. Jobarteh also called on civil society organizations, the Gambia Bar Association, political parties, and citizens to hold the executive accountable if they believe constitutional provisions have been disregarded.

Addressing Faal directly, Jobarteh urged him to carefully reflect on the concerns that have been raised about the appointment. Referring to the constitutional retirement age of 75 for a chief justice and noting that Faal is reportedly in his early seventies, Jobarteh said the controversy surrounding the appointment warranted thoughtful consideration.

“My advice to him is to reflect. If your appointment is being questioned, even by the Bar Association, wisdom may guide you to think twice. The rule of law must be sacrosanct, must be non-negotiable,” he said.