Gambia: Are Legal Minds Seeing Eye to Eye On the Appointment of the Chief Justice?

This question was posed to Halifa Sallah and he answered as follows:

The judiciary was at a crossroads during the impasse of 2016. It should not be at a crossroads before the 2016 presidential election. Legal minds should resolve the contention between the Bar Association and the executive on the appointment of the new Chief Justice. The press release of the Bar Association indicates that a court battle of monumental and historical significance is about to begin to challenge the appointment of Mr Edi Faal as Chief Justice.

The nation will be held in suspense as the very Supreme Court, that is to be presided by a Chief Justice who is empowered by the Constitution to be the head of the Judiciary responsible for the administration and supervision of the courts. Both the Bar Association and the appointed Chief Justice could leave a legacy by meeting behind the scenes to look at the nitty gritty of the technicalities circumscribing the appointment and reach unanimity of what is the proper thing to do under the Constitution of the Republic. What next, should the candidate be informed of their legal opinion be different from the status quo.

The easiest decision to take is to leave the courts to decide, but the best decision to take is what brings unanimity in the appointment of the occupant of the highest judicial office in the land. To conclude, whether the case of the Bar is thrown away by the court or heard to their satisfaction will not leave the judiciary without a storm and stress period that is totally unnecessary when sincerity and dialogue are marshalled to address differences in opinion.

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