It has not been disputed that the Plaintiff was at some point the acting Chief Justice
and Chief Justice of The Gambia. The defendant has a statutory legal framework
dealing with persons who occupy such judicial positions and the said legal
framework has its own prescribed set of rules and procedures as well as sanctions.
Thus, it can be rightly said that where there is an allegation against a Judge of a
superior Court, a procedure is in place for the investigation, discipline and
appropriate sanctions where the circumstance of the case so demand.
To this end, Section 141 (2) (c) of the 1997 Constitution of The Gambia as amended
provides that:
“Subject to the provisions of this section, a Judge of a Superior Court may have his
or her appointment terminated by the President in consultation with the Judicial
Service Commission”.
Section 141 (4) of the said Constitution provides that:
“The Chief Justice, a Justice of the Supreme Court, the Court of Appeal and the
High court and members of the Special Criminal Court 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”.
By virtue of Section 141 (5) of the Gambian Constitution, a Judge may be removed
from his or her office if notice in writing is given to the Speaker, signed by not less
than one-half of all the voting members of the National Assembly, of a motion that
the judge is unable to exercise the functions of his or her office on any of the
grounds stated in subsection (4) and proposing that the matter should be
investigated under this section.
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