In his reply, the Plaintiff reiterated categorically that most of the members of the
Gambian Bar were not happy with his appointment due to his nationality. He also
stated that contrary to the Defendant’s assertion, the petition from The Gambian
Bar dated 2nd July, 2013, against the Plaintiff 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 would at the hearing of this suit rely on the provisions of sections
145, 146, 147 and 148 of the Gambian Constitution 1997 as amended.
In advancing his position, the Plaintiff maintained that as the chief Justice at that
time, he was the chairman of the Judicial Council and there was no deliberations or
consultation with the President before his removal, neither was there any
investigations in that regard. Again, the fact that he was in the office performing
his duties until the close of the day on Friday, 19th July 2013, while 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.
The Plaintiff replied to the Defendant’s statement of defence that the
investigations conducted (on abuse of office) were after the termination of his
appointment and the said investigations clearly exonerated him and that was the
reason why the prosecution refused to produce the report in Court. Plaintiff again
replied that the prosecution only produced the report on false information which
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