GBA President Rejects Claims Chief Justice Appointment Challenge Is Politically Motivated

By Fatou Sillah

The President of the Gambia Bar Association (GBA), Neneh M.C. Cham, has dismissed allegations that the Association’s legal challenge to the appointment of Chief Justice Edi M.O. Faal is politically motivated, insisting that the case is solely about upholding the Constitution.

Speaking in an interview with West Coast Radio, Ms. Cham said the GBA has remained steadfastly independent of party politics and that its decision to petition the Supreme Court was driven by constitutional concerns rather than political considerations.

“Anyone who knows me knows that I never allow myself to get into politics,” she said. “I can assure you that whether I am leading the GBA or not, the GBA will consistently remain nonpolitical. We have to guard very jealously our role, our credibility, and the integrity of the Association. We cannot enter the arena of party politics and take sides.”

Ms. Cham said the Association’s mandate is to defend the rule of law and ensure adherence to the Constitution, adding that suggestions the petition was politically inspired are without merit.

She acknowledged that legal disputes involving the country’s highest judicial office may affect public confidence in the courts but argued that constitutional compliance cannot be compromised to avoid controversy.

According to Ms. Cham, the GBA sought to resolve its concerns through dialogue before turning to the courts, describing litigation as a measure of last resort.

“We tried to engage to avoid going to court because it is not a pleasant situation to be in,” she said. “But when it comes to compliance with the Constitution of The Gambia, there should be no compromise. It is the resolve of the general membership that we cannot stand idly by and watch what we believe is noncompliance of this magnitude.”

While expressing hope that the matter can still be resolved without prolonged litigation, Ms. Cham said the Association would not retreat from its position unless the constitutional requirements are met.

“Our position will not change; we hope there will be second thoughts and a reconsideration by the appointing authority, but we will not waver. If we do, we would not be worth our salt,” she said.

Ms. Cham described the case as an important constitutional test that could provide the Supreme Court with an opportunity to clarify the interpretation of Section 139 of the Constitution and establish precedent for future judicial appointments.

She also urged the public to view the proceedings as part of the normal functioning of a constitutional democracy, where citizens and institutions have the right to seek judicial interpretation of disputed constitutional questions.

The Gambia Bar Association recently filed a petition before the Supreme Court challenging the appointment of Chief Justice Edi M.O. Faal, arguing that it does not comply with the eligibility requirements set out in Section 139 of the Constitution. The petition has been filed but has not yet been assigned a hearing date.