The Gambia Bar Association (GBA) has raised concerns over the Judiciary's failure to take substantive judicial steps in a constitutional case challenging the qualifications and eligibility of Chief Justice Edi M.O. Faal. The suit was filed on July 31, 2026, and despite being over three months old, the matter has not been assigned to a Justice for directions or placed before a full bench for hearing.
The GBA described the delay as particularly concerning given the constitutional importance of the case, which challenges the eligibility of the occupant of the country's highest judicial office. The Chief Justice is named as the second defendant in the proceedings. The association had expected directions to be issued during the judicial vacation to allow parties to file their submissions and enable the matter to be heard expeditiously following the resumption of court in October.
The GBA disclosed that its lawyers wrote to the Registrar of the Supreme Court on October 26, requesting the urgent assignment and progression of the case. However, the Registrar's response on October 30 only confirmed that the file had been forwarded to the Chief Justice for directives, which would be communicated "if and when received". The association found this response inadequate and disturbing, arguing that the Chief Justice has a direct personal interest in the proceedings.
The GBA argued that the Chief Justice should not exercise judicial authority or discretionary control over the assignment, listing, or determination of the case. The association's lawyers reiterated their concerns in further correspondence on November 3 but received no response. The Attorney General has applied for the Chief Justice's recusal, an application the GBA does not oppose.
The GBA maintained that the matter should be placed before an independent Justice of the Supreme Court for preliminary directions. The association stressed that a party to legal proceedings should not exercise control over how the case is heard. Several other cases filed in recent months, including matters involving urgent applications, are allegedly facing similar delays.
With the current judicial term expected to end in December, the GBA warned that continued inaction could result in the constitutional challenge being carried into another judicial term without being heard. The delay risks undermining public confidence in the administration of justice. The association called on the Judiciary to publicly clarify whether any directions had been issued on the file and, if not, why.
The GBA emphasized that it is not seeking a predetermined outcome but wants the constitutional questions raised to be determined by an independent and impartial court without further delay. The association warned that it reserves the right to take any legitimate action should the matter remain stalled.
Key points
- The Gambia Bar Association is concerned about the delay in the constitutional case challenging Chief Justice Edi M.O. Faal's qualifications.
- The association argues that the Chief Justice has a direct personal interest in the proceedings and should not exercise judicial authority or discretionary control over the case.
- The delay risks undermining public confidence in the administration of justice.
