President Adama Barrow on Friday proceeded with the swearing-in of Justice Edrissa M.O. Faal as Chief Justice of The Gambia, despite strong objections from the Gambia Bar Association (GBA), which insists that the appointment violates the country’s constitutional requirements.
The ceremony, held at the State House, formally installed Justice Faal as the nation’s new Chief Justice, succeeding Justice Hassan B. Jallow. However, the appointment has triggered a constitutional debate after the Gambia Bar Association declared that Justice Faal does not meet the qualifications prescribed under Section 139(2) of the 1997 Constitution.
Following an Emergency General Meeting convened to examine the appointment, the General Membership of the GBA unanimously resolved that Justice Faal is constitutionally ineligible to occupy the office of Chief Justice.
In a formal statement, the Association said: “The General Membership unanimously resolved that Mr. Faal does not meet the qualification prescribed by Section 139(2) of the Constitution. Edi Faal does not satisfy the constitutional qualifications required for Chief Justice.”
The Bar Association stressed that its position should not be interpreted as a reflection on Justice Faal’s personal integrity, legal competence, or distinguished professional career. Instead, it maintained that its objection is based solely on the constitutional requirements governing eligibility for the office.
Despite the legal body’s position, President Barrow proceeded with the appointment, administering the Oath of Office, Oath of Allegiance, and Oath of Secrecy to Justice Faal before Cabinet ministers, senior government officials, members of the judiciary, and family members.
Addressing the gathering, President Barrow praised the new Chief Justice’s extensive legal career spanning more than four decades in the United States and international legal institutions. He described Justice Faal as a highly accomplished legal professional whose experience would strengthen The Gambia’s justice system.
The President reaffirmed his administration’s commitment to promoting judicial independence, strengthening the rule of law, and improving the efficiency of the country’s courts. He also pledged continued government support for reforms aimed at enhancing public confidence in the judiciary.
In his inaugural remarks, Chief Justice Edrissa M.O. Faal expressed gratitude to President Barrow for the confidence placed in him and pledged to discharge his constitutional responsibilities with integrity, impartiality, and independence.
He assured Gambians that he would work to uphold the rule of law, protect the independence of the judiciary, and ensure equal access to justice for all citizens. Justice Faal also paid tribute to his predecessor, Justice Hassan B. Jallow, commending his nine years of dedicated service and leadership at the helm of the judiciary.
The appointment has nevertheless deepened legal and constitutional debate, with the Gambia Bar Association maintaining that the issue concerns adherence to constitutional provisions rather than the personal credentials of the new Chief Justice.
Whether the Bar Association’s position will lead to judicial proceedings or further constitutional interpretation remains to be seen, as attention now shifts to the legal and institutional implications of the controversial appointment.
