Charles Northfield, a British National who was standing trial at the High Court in Banjul for various crimes including economic crime, is reported to have jumped court bail and escaped to the United Kingdom. His reported escape was followed by the dismissal of a good number of security officers who were posted between Barra and Amdallai in the North Bank Region.

“If actually people are sacked by virtue of the escape of Northfield, then I would raise the issue of was he a wanted person prior to his escape and was he under police custody prior to his escape? You can only attribute transgression if you have the duty to oversee what happens. Unless the man was under police custody, then who can be held responsible for his appearance in court?” he queried.

According to the NADD bigwig, what is actually in place in any democratic legal system is the establishment of a bail system where a person who should appear before a court if he is under a court bail, then it is the bail conditions that should serve as a means of preventing escape.

“But where escape takes place, it is the bail condition that should provide remedy. I don’t think in any bail condition, they would actually say that the police are responsible for ensuring that the person appears in court and in the absence of that person in court then the police should not be removed from their offices,” he said.

Mr. Sallah pointed out that he could not see the connection between the two; that is people being removed from their offices and the escape of this particular gentleman.

For Halifa Sallah, if what is alleged is actually found to be true, then the action would be in contravention of what is reasonable and justifiable in any democratic and just society.

“The matter is still under investigation as far as I am concerned. We cannot still understand the connection between the two. We are still investigating,” he noted.

Turning on to the recent dismissal of judges in the High Court, Mr. Sallah, said good governance presupposes separation of powers so that there can be checks and balances.

“A state comprises of three parties; the Executive, the Legislature and the Judiciary. If you look at the constitution, it is stated in the preamble that the three arms of the state have been clearly defined, their independence amply secured with adequate checks and balances to ensure that they work harmoniously towards our common good,” he asserted.

As explained by Mr. Sallah, it is clearly stated in the constitution that there should be security of tenure of judges. And what happens in these recent cases is that the public is not in the know regarding the conditions of the termination of the services of these judges. “Yes it is indicated that the president may have the appointment of a judge of the superior court terminated but it should be in consultation with the judicial service commission”, he explained.

In his view, it is incontrovertible that the executive cannot unilaterally get up and terminate the service of a judge. “It has happened and do we just continue to cry foul. I think this is where the weakness of the bar association lies. As far as I am concern, where a civil society is weak, transgression of rights cannot be averted”, he averred.

Reliable sources close to the Judiciary have intimated that Justice MA Paul, a member of the Gambia Court of Appeal, is “no longer considered as working” with the Gambian Judiciary.

Sources also informed the Daily Observer that the judge’s salary had been stopped since May 2008.

Unconfirmed reports indicate that the judge is currently out of the country, with some reports suggesting that he has left for the United States, while others reveal that he has returned to his home country, Nigeria.

Highly placed sources close to the Judiciary have informed the Daily Observer that the Judicial Service Commission recently appointed Amina Saho-Ceesay, the former sheriff of the High Court, as the new master and registrar of the High Court.

Mrs Saho-Ceesay replaces Saffiatou Njie, who was appointed as a judge in October 2007.

The same sources also disclosed that Magistrate Buba Jawo of the Kanifing Magistrates Courts has been appointed principal magistrate, while Magistrate Edrisa Mba’i  was appointed as the principal magistrate at the Banjul Magistrates Court.

Abdou Conteh, a senior registrar, was promoted to principal registrar of the High Court, while Abdoulie Bah, a senior assistant secretary, was promoted to principal assistant secretary, Office of the Chief Justice.

Our sources further disclosed that Mam Samba Jallow and Mam Sohhi Jallow, were also promoted to assistant registrars of courts.

In yet another instance of criticism against the Gambian Judiciary, Mr Cherno B.M. Barry, alias Joe Barry, a Gambian based in Norway, has expressed total dissatisfaction and frustration over what he perceived to be the lack of lustre and inordinate delay in the manner his case is being handled by the Banjul High Court.

Mr. Barry’s comments came in the wake of a three-year delay in the administration of justice in a building development contract between him, being the owner of the proposed building, and one Alieu Jagne, his contractor.

According to Joe Barry, it all started way back in 2000 when he returned to The Gambia after being in Europe for so long, in an effort to develop a plot of land he acquired in Bijilo. “I came back from Norway with over 200,000 krona to start constructing my house in Bijilo and I met with Mr Mamour Jagne, Managing Director of Arab Gambian Islamic Bank and he introduced me to Alieu Jagne, his own nephew, to be my contractor. I handed over the project to Mr. Mamour Jagne to be the co-ordinator and he agreed to the proposal.

“He then opened an account for me at his bank and we made all the arrangements and I then left for Norway leaving the contract with Alieu Jagne and Mamour Jagne as the co-ordinator,” he claimed.

Mr, Barry went on to express his dissatisfaction with the way and manner in which the contract was progressing. “After returning from Norway, I visited the project and found out that nothing was done as agreed and almost half of the account was withdrawn,” he charged.

This, according to Mr. Barry, prompted him to take legal action against the contractor and the case was taken to the Banjul High Court where the defendant accepted liability “within five minutes.”

He further explained that the contractor decided to write to the court and undertake to pay the amount within one year. “He (the contractor) decided by writing to the court to pay the amount within one year which he failed.”

According to Mr. Barry, despite the fact that the defendant accepting liability, the case is still dragging as it is being adjourned from one day to the other. “The case was to proceed on 3rdJuly which I attended but the defendant failed to turn up and it was adjourned. It resumed again on 8thJuly and nothing was also done and it was then adjourned to October in my absence when I was at the Sheriff Division waiting the scheduled time,” he said, adding that such does not tell well about the Gambian judiciary.

He noted, “Am tired and sick of these adjournments. I spend thousands of dalasis just to come from Norway and attend the case but any time I come, the case is adjourned. I would have decided to stay in Norway like many Gambians do, but I decided to come back because of the love I have for my country.

“I pay more than 100,000 annually just for rent because all my hopes was on my compound which I spend hundreds of thousands of dalasis but yet still, I cannot have my compound ready,” Mr. Barry fumed.

He then appealed to President Jammeh and the Chief Justice to intervene and make sure that justice is done in the earliest possible time. “Justice delayed any where and at any time is justice denied. After so many years now, my case have been dragging at the High Court which in my own opinion is not good for the image of the country’s judicial system,” he concluded.

The project, to be funded by the Department for International Development (DFID), UK, is to last for the next three years.

In his remarks at the occasion the British Deputy High Commissioner, Mr Graham Simmons, said the Legal Capacity Building Programme (LCBP) phase II is a programme supported by the UK Department for the International Development (DFID) founding of 1.675m pounds sterling. He said that the goal of LCBP II is to improve the impartiality, efficiency and accessibility of Gambian judicial system, with emphasis both on the use made of the system by the poor majority and on the need to strengthen the capacity of the professional and administrative staff in the Judiciary, Department of State for Justice and the Gambia Bar Association.

Mr Graham revealed that phase II will continue to provide similar range of institutional strengthening support as phase I included intensive capacity development through a combination of improvements in court management and programmes of staff development, mostly carried out on an in-service basis in The Gambia but also with limited opportunities for comparative study in Africa and regionally. In addition, he stated, phase II will continue co-financing with the commonwealth secretariat a judicial recruitment programme for High Court, Appeal Court and Supreme Court judges.

In his launching statement, the Gambian Chief Justice, Abdou Kareem Savage, said that this significant assistance from DFID is coming after the successful implementation of the first phase between 2004 and 2007. He said phase I had seen the accomplishment of many programmes in the area of institutional development and human capacity building. The second phase, he added, is a consolidation of the first phase and has come at the right moment, noting that the Judiciary is indeed going through defining moments when a lot is being done to position the judiciary to meet its development and growth challenges. He observed that the judiciary’s main challenge is its mission in society: “to advance the course of justice and the rule of law by ensuring free, fair and speedy dispensation of justice by an independent judiciary and efficient justice system with highly trained and committed staff that command the support and confidence of the people.”

According to the sources, Magistrate Mboto tendered her resignation letter to the judicial authority with effect from 3rdJuly 2008, though no reason has yet been advanced for her resignation.

Meanwhile sources have hinted this paper that a search for her replacement and that of Magistrate B.Y Camara who was recently appointed as a High Court judge is in progress.

Magistrate Mboto served as a Magistrate at Brikama Magistrates’ Court, Bundung Magistrates’ Court, Kanifing Magistrates’ Court and Banjul Magistrates Court where she has been serving until her resignation.

As Benedict Jammeh Gets Redeployed to Judiciary

Commissioner of Police Essa Badjie, alias Jesus, has been appointed as the new Inspector General of Police, this paper can reveal.

Our sources said Badjie was appointed yesterday in replacement of Mr. Benedict Jammeh, who has reportedly been redeployed to the judiciary.

New IGP Badjie was Commissioner of Police for Western Region, before he was appointed Crime Management Coordinator following the arrest last month of Commissioner Burama Dibba. 

This paper cannot however establish Mr. Jammeh’s position at the Judiciary for now. Acclaimed by many as conscientious in all respects, Mr. Jammeh was appointed IGP early last year. He holds Bachelor of Arts Degree in History and LLB in Law.