The achievements of the Gambia Judiciary, the third arm of the government were showcased Wednesday at the Kairaba Beach Hotel in Kololi during a day presentation of the sector.

Under the theme “creating and sustaining access to justice, The Gambia Judiciary today”, the event was graced by the vice president and minister of Women’s Affairs, Aja Dr Isatou Njie-Saidy; the former president of the Republic of The Gambia, Sir Dawda Kairaba Jawara; the speaker of the National Assembly, Honourable Abdoulie Bojang; Cabinet ministers; and diplomats, amongst other dignitaries.

The event, described as the first of its kind, availed the general public the opportunity to not only be exposed to the marked improvement in the country’s judicial sector in recent years, but to further acquaint themselves with the operationalisation of the sector, including the most recent reforms that have contributed in the efficient and effective dispensation of justice in the country. Through the presentations of speeches, documentaries, and drama, the event showcased the drastic reduction of the backlog of cases that used to be a perennial impediment to the effective justice system; the revitalization of the Cadi courts for effectiveness; the provision of wider access to justice to the doorsteps of Gambians, a highly ethical and corrupt free judicial system, amongst other things.

Speaking on behalf of President Jammeh, the vice president hailed the initiative, which she said will provide greater opportunity for the general public to understand the Judiciary of The Gambia as “Third Arm” of government, thus highlighting its significant role in the  constitutional and democratic development process for the socio-economic advancement of the nation. VP Njie-Saidy hastened to state that the Judiciary should be commended for the records that it has amassed over the last two and half years. This, she explained, is manifested in its ability to expeditiously deliver justice and resolve litigations based on a strong work ethic and “indomitable spirit” of the judges, magistrates, cadis, and court staff. She thus commended the chief justice for taking swift and bold measures by bringing justice to the doorsteps of every Gambian, while stressing that this momentum should be sustained.

The vice president pledged the government’s continuous commitment to strengthen 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. The government, she underscored, has identified the Judiciary as a key institution in its bid to fight all forms of corruption, drugs and other related crimes in the society. She said: “It is indeed gratifying to note that the Judiciary has considerably reduced the backlog 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. It is gratifying to note that the Judiciary is committed to the expansion of social justice by taking justice to the doorstep of every Gambian. By this, we will be “creating and sustaining access to justice” for all and sundry at all times.” While informing the gathering that the recently concluded Supreme Court sessions were “totally” funded by the government, VP Njie-Saidy assured that the government is committed to the establishment of a functional and operational Supreme Court.

Also addressing the gathering, the Attorney General and minister of Justice, Edward Gomez said one of the major impediments of the Gambia Judiciary has been the perennial backlog of cases. He, however, commended the current leadership of this arm of government for making such a problem a thing of the past now with the support of the “Hurricane judges” from the Commonwealth Secretariat in London. On other achievements, he explains: “Sharia courts have existed in The Gambia for more than 100 years and were known as Mohammedan Courts. They remained largely ineffective and unattractive. However, about three years ago, the Hon. Chief Justice through his dynamism and visionary commitment to ensure effective justice delivery system”.

The Justice minister indicated that today three more cadi court have been established in Brikama, Kerewan and Basse, with the provision of five Sharia court of appeal judges of Nigeria, whom he said have since been training the cadis on the job, as well as organising monthly lectures and adjudication. Commenting on the theme, Minister Gomez underscored that one other important way of creating and sustaining access to justice in The Gambia is by vigorously embarking on civic education programmes through the various forms of media. “In this case, the National Civic Education Committee must be revitalized so that it will enable both Gambians and non-Gambians alike to know their rights under the constitution and other laws of The Gambia,” he stated.

Highlighting the strides undertaken by the Judiciary under his administration, the chief justice of The Gambia, Emmanuel Agim, said between June 2009 and December 2011, the Gambia Judiciary developed and pursued certain strategic goals and objectives within well-defined activities plan to attain the broad objectives of the Gambia government for a more functional and effective legal sector contained in its Legal Sector Strategy for the period 2007-2011. This, he explained, was an integral part of the country’s Poverty Reduction Strategy Paper as part of its commitment to the attainment of the Millennium Development Goals. With the major support of the government and other development partners, the chief justice expressed with delight that so much has been done these past three years to make the Judiciary more effective and resourceful in the discharge of its role in social, political and economic development of the society.

Wider access
Further highlighting the gains, Agim asserted that the wider access to speedy and substantial justice has been attained through speedy and economic disposal of cases and dispensation of justice; clearing of backlog of over 1500 cases in the magistrates courts and over 2500 in the high courts; strict adherence to judicial code of conduct; increase in the number of judges in the high court and magistrates to reduce the case load; 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.

Judicial independence
The chief justice eulogized the nation’s judicial system, expressing with delight that today, it is the best judiciary in Africa in terms of expeditious and economic disposal of cases. His words: “The Judiciary today is more independent than before June 2009. The oft trumpeted view is that it is the executive government that is responsible for threats to the independence of the Judiciary in The Gambia. The realities and experience here do not show so. 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. 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 from is pending, blackmail and discredit of judicial officers at national and international fora as hatched and rented judicial officers [and so on].”

CJ Agim underscored that the executive government has 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 concluded.

John Belford, judicial secretary moderated the event.