Gambia Bar Association Challenges Mr. Edi M.O. Faal’s Appointment As Chief Justice In The Supreme Court

Nenneh MC Cham, President, Gambia Bar Association

PRESS RELEASE

31^st July 2026

The Gambia Bar Association (GBA) wishes to inform the general public that, following the appointment of Mr. Edi M.O. Faal as Chief Justice of the Republic of The Gambia, the GBA has invoked the original jurisdiction of the Supreme Court to challenge the constitutional validity of the appointment.

This decision was not taken lightly.

At an Emergency General Meeting held on 6^th July 2026, the General Membership considered the constitutional qualifications prescribed for appointment to the Office of Chief Justice and resolved that Mr. Faal does not satisfy the mandatory requirements of section 139 of the 1997 Constitution. The GBA subsequently wrote separately to His Excellency the President of the Republic, the Judicial Service Commission (JSC), and the Honourable Attorney General and Minister of Justice, setting out the constitutional basis of its concerns. When reports later emerged that the appointment had nevertheless been made, the GBA wrote again to the Attorney General on 22^nd July seeking urgent confirmation and making clear that in the absence of a response, the GBA would take such further steps as it considered appropriate. No response was received.

The President has since appointed Mr. Faal as Chief Justice with effect from 1^st August 2026. Mr. Faal was sworn into office today, 31^st July 2026.

The constitutional question raised by the GBA is therefore now before the Supreme Court, the institution constitutionally entrusted with the interpretation and enforcement of the Constitution. The GBA principally seeks the following reliefs:

(1) a declaration that Mr. Edi M.O. Faal does not satisfy the constitutional qualifications required for appointment as Chief Justice under section 139 of the Constitution;

(2) a declaration that his appointment, having been made contrary to section 139, is unconstitutional, null and void and of no effect;

(3) a declaration that the purported appointment and/or swearing-in of Mr. Faal as Chief Justice before the retirement of the incumbent Chief Justice takes effect on 1^st August 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;

(4) an order setting aside the appointment for non-compliance with section 139; and

(5) such further orders or directions as the Supreme Court considers appropriate to give effect to the Constitution.

The GBA is acutely conscious of the extraordinary nature of these proceedings. To the GBA’s knowledge, it is unprecedented for the organised Bar in The Gambia to approach the Supreme Court to challenge the appointment of a Chief Justice. That this step is unprecedented underscores the gravity of the constitutional question before us. It is precisely because of the seriousness of that question, and the fact that it remains unresolved, that the GBA considers itself duty-bound to act and place the matter before the Supreme Court for determination.   

The GBA is the representative body of the legal profession, a critical stakeholder in the administration and delivery of justice, and is represented on the Judicial Service Commission. Its institutional mandate includes defending the rule of law and the independence of the Judiciary. Consistent with the duty to defend the Constitution recognized by section 6, and with the GBA’s own institutional mandate to uphold the rule of law and defend the independence of the Judiciary, the GBA considers it a legal and professional responsibility to place this constitutional question before the Supreme Court. The proceedings are anchored on that obligation, and nothing else. The GBA’s own resolution expressly contemplated legal action should the constitutional concerns it raised remain unresolved.

The Association is aware that the appointment has generated considerable public debate, some of it political and deeply divisive. The GBA will not enter that arena. This action is not an attack on Mr. Faal, his person, integrity, competence or professional career. The question before the Court will be a constitutional one: whether the appointment satisfies the requirements prescribed by the Constitution.

The Office of Chief Justice is the highest judicial office in the Republic. The Constitution is the supreme law of the land. Fidelity to its requirements is therefore indispensable in an appointment to an office entrusted with safeguarding the administration of justice and the rule of law.

The matter is now before the Supreme Court. The GBA will pursue the proceedings in accordance with the law and will respect the determination of the Court.

Signed:

NENEH M.C. CHAM 

PRESIDENT