Chief Justice Emmanuel Agim of The Gambia Wednesday dismissed strongly held views that the country’s judiciary has lost independence to executive interferences
Gambian judiciary has in recent times comes under-fire in the wake of, among other alleged anomalies, the firing of judges without publicly known reasons. Also, Gambian bar has recently protested twice in about four months over the Moses Richards conundrum and threatened action against ‘excesses’ of the judiciary, especially the Nigeria-imported magistrates and judges.
However, the Nigerian-born Chief Justice Emmanuel Agim, who replaces the first-ever Gambian-born chief justice in 2009, said the executive is posing no threat to the independence of the judiciary.
“Let me simply state my view that it is the legal profession, particularly the private bar that has continued to be responsible for much of the serious threats to the independence of the Judiciary in The Gambia,” Agim said.
“Titanic struggle by a clique to control the Judiciary for their narrow interest, intimidation, harassment and brazen show of contempt for judges in open court during conduct of proceedings, xenophobic attack of judicial officers for certain decisions, blackmail and attack of judicial officers in the media after a decision and even when an appeal there is pending, blackmail and discredit of judicial officers at national and international fora as hatched and rented judicial officers.”
He said the executive has rather shown more respect for the independence of the judiciary, noting that it has maintained a more responsible and constructive relationship with the Judiciary.
“As a Judiciary, we operate as a third arm of the government understanding that together with the executive and legislature, we constitute one government of The Gambia and not three separate governments,” he said.
Agim was speaking at the Kairaba Beach Hotel during a ceremony marking the 2012 legislative year graced by among a host other dignitaries, Gambian vice president, former president Dawda Jawara and speaker of National Assembly of The Gambia.
Agim, who was making a presentation of the sector, highlighted a number of gains registered by the judiciary during the course of his tenure.
“The wider access to speedy and substantial justice has been attained through speedy and economic disposal of cases and dispensation of justice.”
To this end, he pointed out to the clearing of backlog of over 1,500 cases in the magistrates’ courts and over 2,500 in the high courts, as well as strict adherence to judicial code of conduct.
Agim said there has been increase in the number of judges in the high court and magistrates’ court. He mentioned the establishment of a second high court in Brikama to reduce work pressure on the only high court in Banjul; as well as the establishment of two more children courts in Brikama and Basse; the establishment of two more cadi courts in Brikama and Kerewan, amongst others.
Other achievements, he highlighted include reformed child justice system, reform cadis court system, establishment of the judicial education institute, revised, refurbished and automated library, expansion of the automation of the high courts, the creation of an up-to-date website, improved judgment enforcement process, improved administration of the country’s judiciary; staff performance improvement schemes, highly ethical and corruption-free judiciary, amongst others.
Speaking earlier was The Gambia’s vice president Isatou Njie-Saidy who pledged the government’s continuous commitment to strengthening the Judiciary by furthering the maintenance of peace, stability, and the rule of law as enshrined in the 1997 Constitution of the Republic of The Gambia.
She said: “It is indeed gratifying to note that the Judiciary has considerably reduced the backlog of cases since July 200, both in the high court and magistrates’ courts.
“It goes without saying that the bastion of hope, peace, and socio-economic progress in any society will be reflected in an efficient Judiciary committed to the expansion of social justice to all without fear, favour or ill-will.
Her views were buttressed by the Attorney General and minister of Justice, Edward Gomez, who however, pointed out the need for the National Civic Education Committee to be revitalised so that it will enable both Gambians and non-Gambians alike to know their rights under the constitution and other laws of The Gambia.