Plaintiff’s removal was effected after investigations and due deliberations in
consultation with the Judicial Service Commission.
The Plaintiff on the other hand argued that the petition from the Gambian Bar
dated 2nd July, 2013, against him was addressed to the Attorney General and
Minister of Justice, and not to the Judicial Service Commission. The Plaintiff further
contends that the Attorney General is not a member of the Judicial Service
Commission and placed reliance on the provisions of sections 145, 146, 147 and
148 of the 1997 Gambian Constitution as amended.
In buttressing his position, the Plaintiff maintained that as the Chief Justice at that
material time, he was the chairman of the Judicial Service Commission and there
was no deliberation or consultation with the President before his removal, neither
was there any investigation in that regard. More to this is the fact that he was in
the office performing his duties until the close of work on Friday, 19th July 2013,
and the letter terminating his employment which emanated from the Attorney
General and Minister of Justice, on the directives of Security operatives was
received on Saturday, the 20th of July, 2013.
Pursuant to Section 141 (7) of the Defendants Constitution, the National Assembly
shall by a resolution appoint a tribunal consisting of three persons, at least one of
whom shall hold or shall have held high judicial office, who shall be the chairman
of the tribunal, who shall investigate the matter and shall report to the National
Assembly through the Speaker whether or not it finds the allegations specified in
the motion to have been substantiated.
Where the Tribunal finds any such allegation substantiated and reports to the
National Assembly, the National Assembly shall consider the report at the first
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