Bar Association Calls for CJ’s Resignation
Monday 23rd January 2006
The Gambia Bar Association has called for the immediate resignation of the Chief Justice of The Gambia, Justice Allan Brobery for what it called his failure to take proper charge of the judiciary.
The Bar will also in protest and to demonstrate its “grave” concern not appear in the High Court between today to Friday of this week. It will also continue the boycott of the Court of Mr Justice Paul as well as any court or tribunal in which he may preside alone or with others. The Bar claims that Mr Paul has not been exonerated by a constitutional process before the National Assembly, which, it added, is the only authority with jurisdiction to pronounce that Justice Paul has satisfactorily answered the allegations that he is unfit to continue to sit as a judge in the High Court or any other Court for that matter.
A press release signed by the President of The Gambia Bar Association, Musa N. Bitaye, and sent to this paper over the weekend states: “It is now common knowledge that the present Chief Justice of The Gambia judiciary is unfortunately partial in the way he assigns sensitive cases to the courts. We are witnesses to the fact that while Mr Justice Paul was on leave he was recalled to sit on a particular criminal matter despite the fact that equally competent judges were on duty to handle the case in question. Most recently, a Miscellaneous Application (Civil Matter) found its way into the Court of Mr Justice Paul who is not the judge ordinarily responsible for dealing with such matters. In both cases, the Bar, the public and the poor victims, awaited a forgone and unfortunate conclusion.” The release added: “In addition, the Chief Justice has folded his arms in the new wave of government’s failure to respect court injunctions, staying the execution of some of the recommendations and
orders of the Justice Paul Commission of Inquiry on the Assets and Properties of Public Officials, and most recently the court orders made in respect of the mayors of Banjul and Kanifing among others.”
According to the release, in the whole history of the Gambian Judiciary, the Bar has never witnessed such a dangerous tendency towards a serious breakdown in the administration of justice at all levels.
“The Gambia Bar Association and indeed the discerning public, fully realize that the issue at stake is whether or not the courts are subject to the direction and control of any other body, authority, or person than the rule of law, equity and Justice,” the release further stated.
The Gambia Bar Association therefore urged the Attorney General and Secretary of State for Justice to ensure that the Government and its agencies respect and comply with court orders and put an end to impunity.
“On this issue all concerned are assured that the Gambia Bar Association knows where its duty lies and it will guard and perform it at all costs,” the release concluded.
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