In a notice sent to its members on Friday shortly after the appointment of Edi Faal as successor to the outgone chief justice Hassan Jallow, the Gambia Bar Association (GBA) informed that it has gone to the Supreme Court to challenge the constitutional validity of the appointment.
The notice read: “The executive [of the GBA] wishes to inform members that, following the appointment of Mr Edi MO Faal as Chief Justice of The Gambia, the Gambia Bar Association has today filed an action before the Supreme Court challenging the constitutional validity of the appointment.
“This follows the resolution of the general membership at the emergency general meeting of 6th July 2026 and the subsequent steps taken by the association to raise its concerns directly with the President of the Republic, the Judicial Service Commission and the Attorney General and Minister of Justice. The association also wrote a second time to the attorney general seeking confirmation of the reported appointment and indicating that, in the absence of a response, it would take such further steps as may be appropriate.
“The action principally seeks:
(1) a declaration that Mr Edi MO Faal does not satisfy the constitutional qualifications required for appointment as Chief Justice under section 139 of the Constitution;
(2) a declaration that his appointment, having been made contrary to section 139, is unconstitutional, null and void and of no effect;
(3) a declaration that the purported appointment and/or swearing-in of Mr Faal as Chief Justice before the retirement of the incumbent Chief Justice takes effect on 1st August 2026, is unconstitutional, null and void and of no effect, on grounds of there being no vacancy in the office of Chief Justice at the material time;
(4) an order setting aside the appointment for non-compliance with section 139; and
(5) such further orders or directions as the Supreme Court considers appropriate to give effect to the Constitution.
“We appreciate that this is an extraordinary step. To our knowledge, the GBA has never before approached the Supreme Court to challenge the appointment of a Chief Justice. But the extraordinary nature of the step does not relieve the Association of its responsibility where a serious question of constitutional compliance arises.
“The GBA is represented on the Judicial Service Commission, is an integral stakeholder in the administration and delivery of justice, and has as part of its institutional mandate the defence of the rule of law and the independence of the Judiciary. Above all, fidelity to the Constitution must remain at the heart of the association’s work.
“Where the general membership has taken a considered position that an appointment to the highest judicial office does not satisfy an express constitutional requirement, the association cannot properly raise that concern and then remain silent when the appointment proceeds.
“This action is therefore not about the person of Mr Faal, his professional standing or his distinguished career. It is about the Constitution and the obligation of the Bar, like every institution and public authority, to respect and defend its supremacy. The matter is now before the Supreme Court. The Association will present its case before the Court and respect its determination,” the notice concluded.
