Haruna

I agree "there is much more" to Jawo's "unceremonious if abrupt sacking" than the explanation of tardiness advanced by some reports. When  was/were the decision maker(s) aware that His Worship was in the habit of not arriving at all, or arriving regularly late for duty? If only after his decision in The State v Fatou Jaw Manneh (FJM case), the intervening period was not sufficient to justify terminating the services of a judicial officer for tardiness. 
 
Your instinct is valid, and for my part, I take the view that the answer lies in the FJM case itself. Unquestionably, Jawo accurately read the perspective of the Government as to the only acceptable outcome. However, he misinterpreted that perspective and delivered an outcome that was quite unsatisfactory to FJM's persecutors. The Government would have preferred a lighter sentence of even six months without the option of a fine, to a D250,000 fine or a four-year imprisonment in default. 
 
To democratic Gambians, any decision to convict, even if a caution and discharge, would come across as an absolute outrage. And rightly so! For the Government, any fine, even if a million dalasis, would be regarded as a massive defeat. Jawo misapprehended the true nature of the Government he so loyally served. The dynamics of the FJM case were sue generis, and the Government would have preferred the role of ultimate arbiter in the matter: a Judicial travesty of justice followed by Executive intervention in the form of some leniency, may be an outright pardon. 
 
Jawo's decision denied the Government the opportunity to grandstand and muddy the waters regarding what truly obtains in The Gambia as far as governance goes. He got his due dessert, and unlike you, I am not crying for him.   
 
As to "who is supposed to be responsible for disciplining the Judiciary", the constitutional answer is a little more complicated. Again, you are on terra firma in suggesting that "Yahya sacks Magistrates and Judges". As hiring, disciplining, and firing are administrative functions, section 121 of The 1997 Constitution Constitution of the Republic of The Gambia (the Constitution) theoretically allocates those powers to the Chief Justice (CJ) as titular head of the Judiciary. Under section 143(2) of the Constitution, he is supposed to be assisted in his day to day administrative functions by the Judicial Secretary (JS), with the Judicial Service Commission (JSC), see sections 145-148 generally, playing a pivotal role in the appointment process of judicial officers, i.e., judges, magistrates, and cadis. 
 
To streamline the analysis, it is instructive that in the scheme of the overall system, even allowing for some theoretical semblance of the separation of powers, the President has the critical say in the appointment, and, or, termination of the services of the CJ, the JS, and members of the JSC. If the President issued a directive, even a verbal one, for the termination of the services of a judicial officer, that would never be challenged, considering his absolute monopolisation of coercive force in the country. In short, the Gambia is a totalitarian state, and the Judiciary is right in the thick of that reality. 
 
For a fuller discussion of the question of how the constitutional process is hijacked vis-a-vis your query, I refer you to a 2006 report by the International Bar Association on the crisis of the rule of law in The Gambia.  
  
 
 
 
 
LJDarbo  
 

--- On Sun, 5/10/08, Haruna Darbo <[log in to unmask]> wrote:

From: Haruna Darbo <[log in to unmask]>
Subject: On our friend Magistrate Buba Jawo.
To: [log in to unmask]
Date: Sunday, 5 October, 2008, 5:50 PM




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Word has it the idiot is not regular or punctual at work. What with the grandstanding immediately after railroading Fatou Jaw that he will not tolerate defendant or defense cousel absence from his services or courtroom? I mean can you believe this guy?
 
I still think there is much more to his unceremonious if abrupt sacking. I cannot believe such run-o-the-mill and miscellaneous shortcoming on Buba's part could be the reason Yahya would sack him. And why does Yahya sack Magistrates and Judges? Who is supposed to be responsible for disciplining the Judiciary? What does the constitution say on that JDAM? I think whoever it is, they ought to be fired for not doing their job and forcing Yahya to overstep his friggin bounds. I hold them responsible for part of Yahya's delinquencies. You're killing me!
 
Haruna.



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