By Yankuba Jallow
Lawyer Salieu Taal, the President of the Gambia Bar Association on Sunday called on Gambia Government to overhaul the draconian and undemocratic laws conceived, designed and used to perpetuate dictatorship in the country.
Senior Counsel Taal stated this before a gathering at the Official Opening of the 2022 Legal Year in the presence of President Adama Barrow and Chief Justice Hassan B. Jallow.
The Legal Year is an annual event in the calendar of the Judiciary to review and take stock of the state of the legal sector, their achievements, challenges and to chart a way forward for the year ahead to achieve their overarching objective of strengthening the rule of law and enhancing access to justice in an effective and efficient manner.
“It is disheartening to say the least that we still have the same constitution that was amended more than 50 times and the same draconian laws used to persecute the citizenry under a brutal dictatorship. As a rule of law institution, the Bar is calling for the expeditious introduction of a new constitution and the repeal of all the repugnant/undemocratic laws that don’t conform to international human rights norms and values as democracy,” he said.
Taal stressed that the rule of law is the bedrock of a democratic society. The rule of law is not only about the fair application and respect for the law of the land, it goes further than that. He maintained that the Rule of Law presupposes the laws of the land are just and equitable.
“The cornerstone of the Rule of Law is the equality and fairness of the laws. The laws of the land in a democracy must reflect the republican values of the state and empower the citizens to exercise their constitutional and statutory rights without any undue hindrance,” he said.
He reiterated saying “the Laws of the land in a democracy must not be oppressive and against democratic values or offend human right principles.
On the independence of the Judiciary, Lawyer Taal said an independent and well respected Judiciary is a requirement for a democracy to thrive. He added that the members of the bar acknowledge the great improvements in the justice delivery system and increased confidence in the fairness and independence of the Judiciary. He mentioned that they have utmost confidence in the Judiciary and the judicial system in The Gambia. He stated that the bar also recognise and acknowledge the role of the Executive for respecting the independence of the Judiciary.
He remarked that there have been judgments against the Executive and other arms of Government in line with the laws of the land and unlike the past, these decisions have been respected.
He stressed that in today’s Gambia, Executive overreach or interference in the judiciary is no longer an acceptable practice or norm and importantly, Judicial Decisions are sacrosanct. He urged all stakeholders to jealously guard the independence of the judiciary.
He said the glass is half full’, but we still have a long way to go and there is still room for improvement.
“Despite ad hoc efforts to clear case back log, court cases take too long to be completed and Judges/Magistrates still record proceedings by hand in 2022! The delays in criminal cases are caused by many factors and this is a great concern as it impinges on the fundamental rights of defendants.
“We still have many defendants languishing in remand for years and some in detention for years without being arraigned before a competent court.
“The road to justice, especially those without means is very long, uncertain and despondent one. There is an urgent need to overhaul the entire criminal justice system to address these challenges. All of us as stakeholders have very important roles to play in this regard,” Taal said.
He said while the number of courts and personnel (judges) has increased, access to justice particularly beyond the Greater Banjul Area is still a challenge.
“This is a collective responsibility for all us to strive to ensure all citizens of this country have access to the same quality of legal services and justice. We call on the Government to continue to fund and increase funding for the Judiciary,” he said.
He said the Bar would continue to fearlessly advocate, safeguard and protect the independence of the Judiciary.
Lawyer Taal preached against bully of judges by people, adding a judge’s role is to adjudicate disputes and interpret the law in a myriad of cases. Taal said it is important for the public and the media in particular to have a better understanding of the role of judges and refrain from casting aspersions on members of the bench especially on social media when they are unhappy with a decision or when a decision is deemed unpopular. We must shield the Judges from such unfair and unwarranted attacks to ensure the integrity of the bench is protected.
“Their rulings have political, economic and social repercussions. It is important to understand that Judges decide cases strictly in accordance with the laws based on facts and evidence presented without being influenced by extraneous considerations. Their duty is to determine cases by reference to law and supporting legal principles,” he said.
