Enhancing Justice: Gambia’s Judiciary, Bar Association Collaborate to Overcome Legal Challenges
Group photo of the Judiciary of the Gambia, alongside the Gambia Bar Association and Ministry of Justice.
By Landing Ceesay
In observance of its 42nd Legal Year, the Judiciary of the Gambia, alongside the Gambia Bar Association and Ministry of Justice, conducted a Bench and Bar Dialogue at the Sir Dawda Kairaba Jawara International Conference Center on Tuesday.
This dialogue served as a pivotal platform for key stakeholders in the administration of justice to convene and devise strategies for overcoming obstacles to the swift and high-quality delivery of justice.
Part of the Legal Year Celebration, this event enabled the Judiciary to introspect on challenges, strategize for the future, and ensure the effective dispensation of justice.
During the proceedings, the Hon. Chief Justice of the Republic of the Gambia, Hassan B. Jallow, highlighted the mutually beneficial nature of the dialogue for both the Bench and the Bar. He emphasized the importance of periodic meetings to discuss challenges, improve processes, and enhance the overall justice system.
“I hope we will come up with some good recommendations as to how to improve our process and our system. The bench and the Bar, of course, are among the most important stakeholders in the delivery of justice. So it is important that we do meet occasionally to have a discussion, and overall view of the challenges in the process, but also discuss how each of us can actually improve our working methods.
“The bench will benefit very much from the views of the Bar. The Bar will benefit very much from the views of the bench as well. So each of us will benefit from the other in terms of identifying what you see as some of the difficulties on the other side and how those could be addressed. But beyond those concerns, of course, we have a common concern of the whole system, the entire system itself, how can we improve the process of justice and jurisdiction,” Hon. Chief Justice said.
Chief Justice Jallow expressed his expectations for the dialogue, emphasizing the significance of collaborative efforts in pursuing justice. He suggested the establishment of a permanent mechanism for continuous dialogue between the Bench and the Bar, beyond the confines of Legal Year activities.
“So at the end of the day, I’m looking forward basically to some good recommendations coming out as to how we can generally deal with the challenges that we face in the administration of justice. And what is our own perception as to how each of the stakeholders in the Bench and the Bar can perform better in order to make sure that our common mission of ensuring speedy, effective, efficient justice is attained,” he said.
The primary adjudicator of the nation proposed ongoing discussions between the Bench and the Bar to tackle specific issues related to the administration of justice in the Gambia. Honorable Chief Justice Jallow emphasized that this forum should not be limited to Legal Year activities. He expressed that the Office of the Chief Justice is consistently available for communication with the President and officials of the Bar.
“But I am hoping also that one of the outcomes of this meeting would be perhaps the creation of a permanent mechanism, a mechanism for consultation for dialogue in the form of perhaps restricted Bench-Bar forum, which will continuously address some of these issues in the course of the year rather wait until the legal year for us to get together again and discuss it,” he said.
Counsel Neneh MC Cham, President of the Gambia Bar Association, elaborated on the importance of the relationship between the Bench and the Bar in the administration of justice.
“Bar Bench relations signifies the friendly rapport between legal practitioners and judges, both having crucial roles to play in ensuring justice. Bar Bench relations effectively refers to the dynamic interaction and cooperation between lawyers and judges within the legal system. This relationship is fundamental to the administration of justice.
“Lawyers represent their clients’ interests in court, while judges make impartial decisions based on the law. Maintaining a professional harmonious and collaborative partnership of mutual respect between the Bar and the Bench is crucial for the effective functioning of the legal system, and it requires understanding from both sides, without which the courts cannot effectively provide justice,” Counsel Cham said.
The Bar President further asserted that while lawyers at the Bar influence case presentation and argue on behalf of clients, the Bench holds the ultimate authority to determine the outcome of the cases and uphold the rule of law.
Counsel Cham said these differences emphasize their complementary roles within the legal system, with the Bar advocating for parties and the Bench overseeing the delivery of justice.
“They are two sides of the same coin, and the administration of justice cannot thrive without unity between them. The integrity of the institution relies on this cooperation. Lawyers and judges complement each other’s roles. Judges are often selected from the legal profession, making them part of the same community as lawyers. This shared connection underscores the need for a respectful and cooperative bar bench relations,” she said.
Counsel Cham emphasized that the Bar’s commitment to advocating for clients fervently aligns harmoniously with the Bench’s duty to impartially administer justice. She highlighted that the collaboration between these entities guarantees the supremacy of the rule of law and the safeguarding of individual rights.
The Bar President underscored the significance of maintaining a cooperative and respectful relationship between these fundamental components of the legal system, emphasizing that despite occasional disagreements, such collaboration is essential for the efficient administration of justice.
“As the legal landscape evolves, nurturing a healthy Bar Bench relationship remains paramount. It is through this collaboration that we uphold the principles of justice, fairness and the rule of law. In fostering the partnership, therefore, we not only strengthen the legal profession but also reaffirm our commitment to a just and equitable society,” Counsel Cham said.
Meanwhile, Mr. Hussein Thomasi, who serves as the Solicitor General and Legal Secretary at the Attorney General Chambers, emphasized the importance of maintaining professionalism in participants’ interactions.
The elevated discussion between the Bench and the Bar delved into diverse facets of the nation’s justice delivery system. This encompassed a review of the Code of Conduct for Legal Practitioners, efficient case management, and adherence to the Code of Conduct for Judicial Officers.
As part of the 2024 Legal Year Celebration, the Judiciary of the Gambia will evaluate the training programme for District Tribunals’ presidents, members, and scribes, along with the launching and training of the members of the Association of Commissioners for Oaths and Notaries Public. Additionally, a football match between the Bench and the Bar will be held as part of the social events.