'Chief Justice Rejected Hassan Jallow's Sacking' Lawyers Petition Jammeh
The Independent (Banjul)
August 5, 2002
Posted to the web August 5, 2002
Banjul
Leaks from the Gambian judiciary indicate that the Chief Justice Mohammed
Arif had declined to hand over to Justice Hassan Jallow the letter ordering
his removal as Supreme Court Judge.
According to reliable judicial sources, Chief Justice Arif originally from
Pakistan was given the letter to deliver to Justice Jallow, but he refused
to hand it over to him because as Chief Justice he thought the action was
not in accordance with constitutionally laid down procedures for the removal
of a high profile judicial officer. Sources said Justice Arif later made his
opinion known to the authorities by way of a letter, outlining that certain
constitutional guidelines must have been followed relating to the removal of
a Supreme Court judge. He was quoted as making it clear to the authorities
that he was not going to be part of a move, which is constitutionally
inappropriate.
According to sources it was then that Raymond Sock the Solicitor General
wrote the letter that consequently saw Hassan Jallow packing out of the
Supreme Court.
Meanwhile Gambian lawyers who protested what they called his
unconstitutional sacking, by boycotting the courts for three working days
last week have petitioned President Jammeh to state their unequivocal
position.
The petition decried the 'illegal' removal of the judge, which the lawyers
believe suggests interference in the workings of the judiciary and negates a
cardinal principle of democracy.
Since the boycott began on Monday 29th July all court proceeding throughout
the country have been brought to a halt. Lawyers said they would not reveal
whether they would continue with their boycott when they come back from
their vacations in October. The boycott has left litigants and court staff
bemused, since the lawyers' action has brought the Gambian judiciary
grinding to a halt. The situation especially for litigants is serious since
the lawyers have not given notice over when their protest action would end.
Lawyers converged at the High Court no 1 on Wednesday 31st July to adopt a
petition that they were sending to the head of state Yahya Jammeh.
The meeting, which lasted for several hours, finally adopted a petition
whose general content was not released to the media. But court sources say
it will reflect the strong position of the country's body of lawyers. The
petition was presented to the bar by a selected draft committee.
Briefing the press immediately after the end of the meeting, the secretary
of the Bar Association Borry Touray said that although the boycott ended on
Wednesday, the Bar was continuing with their protest to elicit explanation
for Justice Hassan Jallow's removal.
Borry Touray added that the Bar would monitor the situation in the wake of
the petition to the president and will accordingly.
Asked about the impact of the boycott so far Touray said that the whole
judicial machine was put at a standstill. He reiterated that they were
taking action to ensure that the independence of the judiciary 'is not
tampered with'.
Mr. Touray however, declined to disclose the contents of the petition but
promised that it would be made available to the press in due course.
Meanwhile, the Bar Association finally elected a new executive following
previous futile efforts to do so. Sam George heads the new association as
president. The other executive members are Omar Njie Vice-President, Borry
Touray Secretary, Richel Mendy Assistant Secretary, Hawa Sisay-Sabally
Auditor, Ann Rivington treasurer, and Almamy Taal social secretary. The
elections were conducted coincidentally with the sacking of Justice Hassan
Jallow. It has vowed to protect the independence of the Judiciary. According
to the former president Bola Carrol, what the Bar executive needs is unity.
'They should be more united now. But I am convinced that what unites them is
by far greater than anything that seeks to divide them. I wish them all the
best while I give them my fullest moral support', he said.
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