Gambia Must Modernize Colonial-Era Court Procedures to Strengthen Justice, Says Sarjo Barrow

By Seedy Jobe

Sarjo Barrow, a Gambian-born U.S. immigration judge, has called for sweeping reforms to The Gambia’s legal procedures, arguing that although the country’s judiciary has become largely independent and staffed by Gambians, it continues to operate under outdated colonial-era rules that undermine the efficient delivery of justice.

Speaking on Chapters with Fatou, Kerr Fatou’s monthly podcast highlighting the journeys, challenges, and achievements of Gambians from diverse backgrounds, Barrow praised the transformation of the judiciary since the Second Republic while urging lawmakers to modernize the country’s legal framework.

He noted that The Gambia’s highest courts are now predominantly staffed by Gambian judges, describing this as a significant departure from the past. He also said political interference in judicial decision-making is no longer the central concern it once was.

But, Barrow argued, judicial independence alone cannot guarantee justice if the legal procedures governing the courts remain outdated.

He said that although The Gambia is a constitutional republic with a presidential system of government, many of its court procedures continue to replicate those of the British legal system, creating a mismatch between the country’s constitutional structure and the way its courts operate.

According to Barrow, until reforms introduced in 2025, the country’s Criminal Procedure Code dated back to 1933 and required court practice to closely mirror proceedings in British courts.

For Barrow, such an approach is impractical in a legal profession where the overwhelming majority of lawyers were trained outside the United Kingdom and have never practiced before British courts.

“How is a lawyer in The Gambia, never trained in the UK, expected to practice in a system that mirrors exactly that of Her Majesty’s courtroom in England?” he asked.

He said the rigid nature of the old procedural rules has contributed to lengthy pretrial detentions and court cases that often take three to four years to conclude.

“The way the rules are designed and the practice is structured makes it difficult for both judges and advocates to deliver timely justice,” Barrow said.

Beyond procedural reform, Barrow stressed that the judiciary also requires greater financial and institutional support to function effectively.

He pointed to countries such as Ghana, which have modernized their judicial systems, while arguing that The Gambia has continued to rely on laws drafted decades before independence.

Barrow emphasized that the issue is not The Gambia’s common law tradition itself, but its continued reliance on procedural rules that even the United Kingdom has substantially reformed since the 1980s.

He said meaningful access to justice will require The Gambia to move away from obsolete colonial-era procedures and adopt legal processes that reflect the country’s constitutional order, legal profession, and contemporary realities.