By Arret Jatta
Economist, author and public affairs analyst Musa Bassadi Jawara has weighed in the controversy surrounding the reported appointment of Edi M.O. Faal as chief justice, arguing that concerns over his constitutional eligibility and lack of published judicial scholarship remain unanswered despite supporters highlighting his extensive academic and professional credentials.
In a statement shared with The Standard, Jawara said the debate surrounding Faal’s nomination should not centre on his résumé or international legal experience but on whether he possesses the judicial philosophy and constitutional qualifications required to lead The Gambian judiciary.
“Academic and professional credentials are not the issue,” Jawara wrote, arguing that the Supreme Court requires “a mind, tested in writing,” whose legal reasoning is available for public scrutiny before assuming the country’s highest judicial office.
According to Jawara, published legal scholarship is essential for a Chief Justice, particularly as The Gambia continues to rebuild its democratic institutions following the end of former President Yahya Jammeh’s rule. He contrasted Faal with outgoing Chief Justice Hassan B Jallow, whom he credited with contributing significantly to Gambian legal thought through his published works.
Jawara also questioned Faal’s potential length of service if appointed, noting that Section 140 of the 1997 Constitution requires a Chief Justice to retire at the age of 75. He argued that if it is true as publicly reported that Faal is over 70 years old, this would raise concerns that his tenure could be too short to oversee landmark constitutional and transitional justice cases expected to come before the Supreme Court.
He further alleged that Faal does not satisfy the constitutional qualifications for appointment under Section 139(2) of the Constitution, arguing that he has neither served on The Gambia’s Court of Appeal nor accumulated the qualifying judicial experience required by law.
Jawara also referred to the Gambia Bar Association’s earlier position opposing Faal’s nomination, stating that the association had unanimously concluded that he is constitutionally ineligible for the office of Chief Justice.
He urged that the nomination be withdrawn, insisting that the office of Chief Justice should not be treated as “a retirement stint” or “a golden handshake,” but as a position requiring constitutional eligibility, a demonstrated body of legal scholarship and sufficient time in office to shape The Gambia’s jurisprudence.
