Chief Justice of the Gambia

Chief Justice of the Gambia
Incumbent
Hassan Bubacar Jallow
since 15 February 2017
AppointerPresident of the Gambia on advice of the Judicial Service Commission of The Gambia
Inaugural holderRichard Graves MacDonnell

The chief justice of the Gambia is the head of the Gambian judiciary and is responsible for the administration and supervision of the courts. The chief justice is also the chief judge of the Supreme Court of the Gambia.

Judges from other Commonwealth countries have served as chief justices of The Gambia, but the current chief justice is a native Gambian citizen.

Role

Appointment and dismissal

Section 138 of the Constitution of the Gambia states that the chief justice is appointed by the president of the Gambia following consultation with the Judicial Service Commission. Under Section 140, if there is a vacancy in the office of Chief Justice, the next most senior judge on the Supreme Court of the Gambia acts in that role until the President makes a substantive appointment to replace the chief justice, which they must do within six months of the post becoming vacant.

According to Section 141, the chief justice "may only be removed from office for inability to perform the functions of his or her judicial office, whether arising from infirmity of body or mind, or for misconduct." This can only take place after a majority of National Assembly Members present a motion to the Speaker and a vote in the National Assembly on the motion has a majority of at least two-thirds. After this, a tribunal of three members, one of whom must have held high judicial office, investigates the matter. If they determine that whatever accusations are correct, the National Assembly must again vote, and if a two-thirds majority is again reached, the chief justice immediately ceases to hold office.

Duties

Under Section 64, the speaker of the National Assembly can request that the chief justice appoint a medical board to "enquire into the alleged mental or physical incapacity of the president to discharge the functions of his her office". If this does happen, until the medical board has concluded its report, the vice-president undertakes the duties of the office of the President. Under Section 67, the speaker can request that the chief justice appoints a tribunal to investigate claims of misconduct by the president if he has received a notice in writing signed by not less than half the National Assembly members.

It is the responsibility of the chief justice to preside over the election of a speaker, according to Section 93. Section 143 provides for the chief justice to "issue orders and directions for the proper and efficient operation of the courts", and in order to do this, they are supported by a judicial secretary.

The chief justice presides over sittings of the Supreme Court of the Gambia. They are also a member of the Cadi Appeals Selection Committee, according to Section 137 A (4), and chair of the Judicial Service Commission according to Section 145. In order to appoint people to the Judicial Service Commission, the president must consult with the chief justice.

History

Richard Graves MacDonnell was named the first chief justice of the Gambia in 1843. Initially, in the colonial Gambia, the chief justice was, in fact, a chief magistrate, who presided over hearings of the Supreme Court of Judicature of the Gambia. The court held three sessions: the spring session during the first week of March, the summer session during the first week of July, and the autumn session during the third week of November. The court, at the time, had the same jurisdiction, authority and powers of the High Court of Justice did in England and Wales. In 1876, F. H. Spilsbury, the Colonial Surgeon, was appointed as acting Chief Magistrate.

List of chief justices

Chief Justice Tenure Length of tenure Appointed by Prior position
Richard Graves MacDonnell
(1814–1881)
20 July 1843

1 October 1847
4 years, 73 days Henry Froude Seagram
Governor of the Gambia
Barrister-at-Law, Lincoln's Inn
(1841–1843)
John Iles Mantell 1847

1867
19–20 years Richard Graves MacDonnell
Governor of the Gambia
Francis Smith
(1847–1912)
1879

1887
7–8 years Valesius Skipton Gouldsbury
Administrator of the Gambia
Barrister-at-Law, Middle Temple
(1871–1879)
Edward Archibald Hume
(1878–1915)
1909

1913
3–4 years George Chardin Denton
Governor of the Gambia
Barrister-at-Law, Lincoln's Inn
(1902–1909)
Joseph Wiseham 1957

1968
10–11 years Percy Wyn-Harris
Governor of the Gambia
Sir Phillip Bridges
(1922–2007)
1968

1983
14–15 years Dawda Jawara
Prime Minister of the Gambia (1962–1970)
President of the Gambia (1970–1994)
Attorney General of the Gambia
(1964–1968)
Emmanuel Ayoola
(born 1933)
1983

1992
8–9 years Justice of the Court of Appeal of the Gambia
(1980–1983)
Ibrahim A. Omoson 1992

1995
2–3 years
Omar H. Aghali 1995

1998
2–3 years Yahya Jammeh
President of the Gambia
Felix M. Lartey 1999

2001
1–2 years
Muhammed Arif 2001

2003
1–2 years Justice of the Supreme Court of Pakistan
(1998–2002)
Stephen Alan Brobbey 31 July 2004

6 February 2006
1 year, 190 days Justice of the Supreme Court of Ghana
Abdou Kareem Savage
(died 2015)
22 February 2006

8 June 2009
3 years, 106 days Justice of the Supreme Court of the Gambia
Akomaye Agim 2009

2013
3–4 years Justice of the Supreme Court of the Gambia
Joseph Wowo 20 June 2013

19 July 2013
29 days Justice of the Court of Appeal of the Gambia
(2009–2013)
Mabel Agyemang 1 August 2013

3 February 2014
186 days Justice of the Court of Appeal of the Gambia
(2010–2013)
Ali Nawaz Chowhan 6 March 2014

12 May 2015
1 year, 67 days Judge of the International Criminal Tribunal for the former Yugoslavia
(2006–2009)
Emmanuel Fagbenle 13 May 2015

20 January 2017
1 year, 252 days Justice of the Court of Appeal of the Gambia
(2009–2015)
Hassan Bubacar Jallow
(born 1951)
15 February 2017

Incumbent
6 years, 264 days Adama Barrow
President of the Gambia
Prosecutor of the Mechanism for International Criminal Tribunals
(2012–2016)

This page was last updated at 2023-11-13 04:25 UTC. Update now. View original page.

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