Ladies and Gentlemen,
Let me begin with a fundamental question:
What separates a society governed by justice from a society governed by fear?
Is it the presence of laws? Is it the existence of courts? Is it the number of lawyers, judges or police officers?
Not necessarily.
History teaches us that societies can have elaborate laws, magnificent courthouses and impressive constitutions, yet still fail to deliver justice to their people.
The true distinction is whether power is exercised according to law, whether rights are protected, whether institutions are accountable, and whether justice is accessible to every person, regardless of status, wealth or influence.
A nation does not become just merely because it has laws. It becomes just when its laws are fair, its institutions are accountable, and its people can seek justice without fear or favour.
The rule of law is not a luxury of democracy. It is its lifeblood. Constitutionalism is not merely a legal theory. It is the indispensable safeguard against arbitrary power.
Without the rule of law, power risks becoming arbitrary. Without constitutionalism, authority may become unlimited. And without justice, the promises of freedom, equality and human dignity become empty declarations.
Distinguished guests, that is the essence of our discussion today.
1. The rule of law: The law must be greater than the individual
The rule of law is one of the most fundamental principles of constitutional democracy.
At its simplest, it means that no person is above the law, no institution is beyond legal accountability, and no public authority may exercise power except as authorised by law.
The rule of law means that every person, institution and public authority is subject to the law, and that legal rights and obligations are determined according to established legal principles rather than arbitrary discretion.
The great English jurist, Lord Denning MR, expressed this principle with extraordinary clarity in Gouriet v Union of Post Office Workers [1977], when he invoked the famous words of Thomas Fuller:
“Be you ever so high, the law is above you.”
These eleven words capture one of the most profound principles of constitutional government.
Their meaning is simple, yet revolutionary.
No President is above the Constitution.
No Minister is above the law.
No Judge is beyond legal accountability.
No public official possesses unlimited authority.
And no citizen is so insignificant that the law should deny them its protection.
Indeed, in a speech before the British House of Lords on 6 July 1960, Lord Denning emphasised that “right and not might is the true basis of society.”
What a powerful declaration!
It reminds us that the foundation of a just society is not the strength of its rulers, the power of its security institutions or the wealth of its influential citizens.
The foundation of a just society is the supremacy of law over arbitrary power.
A government may possess the legitimate authority to make decisions, enforce laws and maintain public order. But such authority must always be exercised within the limits set by law.
The police must enforce the law, but they must also obey it.
The prosecution must pursue justice, not merely convictions.
The Judiciary must dispense justice impartially, without fear or favour.
And the Legislature must exercise its legislative authority within the constitutional framework.
Distinguished Guests,
We must never confuse the rule of law with rule by law.
A government may use laws as instruments of control without genuinely respecting constitutional limitations or fundamental rights.
True adherence to the rule of law requires more than obedience to enacted rules. It demands legality, fairness, equality, accountability and respect for human dignity.
The law must control power; power must never become the master of the law.
Ladies and Gentlemen,
When a poor citizen can successfully challenge an unlawful decision by a public authority, the rule of law is strengthened.
When a person accused of a serious offence receives a fair hearing, notwithstanding public outrage, the rule of law is strengthened.
When a court’s lawful order is respected even by those who disagree with it, the rule of law is strengthened.
And when those entrusted with public office accept that their decisions are subject to lawful scrutiny, constitutional democracy is strengthened.
2. Constitutionalism: Power must have limits
My dear students,
The late Lord Bingham of Cornhill, one of Britain’s most distinguished jurists, gave a particularly influential account of the rule of law.
In his celebrated lecture, The Rule of Law, delivered at the University of Cambridge on 16 November 2006, Lord Bingham emphasised that: “all persons and authorities within the state, whether public or private” must be bound by the law and entitled to its protection.
This formulation is particularly important because it recognises that the rule of law imposes obligations upon both public authorities and private individuals.
It also recognises that the law must confer protection, not merely impose restrictions.
Lord Bingham developed eight principles, including the accessibility of the law, equality before the law, the lawful exercise of public power, the protection of fundamental rights, access to justice, fair adjudication and respect for international legal obligations.
His approach demonstrates that the rule of law must operate in practice, not merely exist in constitutional declarations.
A legal system cannot credibly claim to uphold the rule of law if ordinary citizens cannot understand the laws that govern their conduct.
Nor can it claim such fidelity if justice is inaccessible because of poverty, unreasonable delay or the absence of effective remedies.
This is why constitutional guarantees must be supported by functioning institutions, independent courts and meaningful access to justice.
A Constitution that promises justice but cannot deliver it risks becoming an instrument of aspiration rather than a guarantee of rights.
A constitution is the fundamental legal framework by which a nation organises its government, allocates public power and recognises the rights and freedoms of its people.
But an important distinction exists between having a constitution and practising constitutionalism.
A constitution establishes the framework for government. Constitutionalism requires government to operate within that framework.
A country may have a beautifully drafted constitution yet lack genuine constitutionalism if its provisions are ignored, its institutions weakened, or its safeguards disregarded.
Constitutionalism therefore insists on limited government, separation of powers, respect for fundamental rights, institutional accountability and the supremacy of the Constitution.
Under section 1(2) of the Constitution of the Republic of The Gambia, 1997, sovereignty resides with the Gambian people, from whom the organs of government derive their authority.
This is a profound constitutional declaration.
It means that political authority ultimately derives from the people and must be exercised for their welfare in accordance with the Constitution.
Furthermore, section 4 affirms the Constitution’s supremacy and provides that any law inconsistent with it is void to the extent of the inconsistency.
These provisions carry a profound message.
The Constitution is not the property of those who govern. It is the supreme legal framework within which the authority entrusted by the people must be exercised.
An officeholder does not acquire ownership of public power merely by occupying public office.
Every constitutional office is a position of trust.
Every exercise of public authority must be justified by law.
And every institution must remain within its constitutional jurisdiction.
Here, Lord Denning’s enduring declaration becomes particularly relevant:
“Be you ever so high, the law is above you.”
It means that constitutional obligations do not disappear because an individual occupies the highest office in the land.
Constitutionalism therefore requires restraint, responsibility and fidelity to established constitutional procedures.
A truly constitutional government is not one that can do everything it wishes, but one that has the discipline to do only what the Constitution and the law permit.
3. Separation of powers and judicial independence
Distinguished Ladies and Gentlemen,
The separation of powers is an indispensable safeguard of constitutional government.
Our constitutional framework recognises three principal branches of government: the Executive, the Legislature and the Judiciary.
The Executive implements the law and administers the government.
The Legislature makes laws and exercises its constitutional oversight.
The Judiciary interprets and applies the law and resolves disputes in line with the Constitution.
These institutions are distinct, yet interdependent. Each must respect the constitutional functions of the others.
The purpose of the separation of powers is not institutional rivalry. It is to prevent the excessive concentration of authority and to promote accountability.
As a serving Judge of the High Court of The Gambia, I wish to emphasise the vital importance of judicial independence.
Section 120(3) of our Constitution guarantees that the courts and judicial officers, when exercising their judicial functions, are independent and subject only to the Constitution and the law.
Judicial independence is not a privilege granted to judges for their personal benefit.
It is a constitutional protection belonging ultimately to the people.
It exists to ensure that when a citizen approaches a court seeking justice, the decision is determined by the evidence, the applicable law and the merits of the case, rather than by political pressure, personal relationships or external influence.
A judge must have the courage to rule against the State when the law and evidence require it.
Equally, a judge must have the courage to decide in favour of the State when the law and evidence justify that outcome.
The duty of the judge is not to please the government, the opposition, the media or public opinion.
The duty of the judge is to do justice according to law, without fear or favour, affection or ill will.
However, judicial independence must never be mistaken for judicial immunity from legitimate criticism or for accountability.
Judges must themselves demonstrate integrity, competence, impartiality, diligence and fidelity to their judicial oath.
The Judiciary must earn and maintain public confidence through its conduct, the fairness of its proceedings and the quality of its decisions.
An independent Judiciary is indispensable. But independence without integrity cannot secure public trust.
4. Human rights and the dignity of the individual
Ladies and Gentlemen,
The rule of law and constitutionalism would be incomplete without respect for fundamental human rights.
Fundamental human rights lie at the heart of constitutionalism.
Section 17 of the 1997 Constitution provides for the protection of fundamental rights and freedoms.
Section 24 safeguards the right to a fair hearing, while Section 33 affirms the principle of equality before the law.
These constitutional provisions embody the principle that human dignity must be respected and protected.
Lord Bingham expressed the importance of this principle when he declared:
“The law must afford adequate protection of fundamental human rights.”
This is particularly significant.
It means that the rule of law cannot be reduced to the mechanical application of legal rules without regard to the protection of fundamental human dignity.
A criminal suspect must be treated lawfully.
An accused person must receive a fair trial.
A convicted person must be sentenced according to law.
A vulnerable citizen must have meaningful access to legal remedies.
And every person must be afforded equal protection without unlawful discrimination.
My dear students,
Never forget that the true quality of a justice system is revealed most clearly when the weak confront the powerful.
When a poor citizen challenges an unlawful decision by a public authority, the courts must remain accessible.
When a widow seeks protection of her inheritance, the law must provide an effective remedy.
When a person is accused of a serious offence, the courts must safeguard the presumption of innocence and require proof according to law.
Justice must never be determined by wealth, status or influence.
Justice that is available only to the privileged is not justice equally accessible to all.
We must therefore work towards a legal system that is efficient, affordable, independent and responsive to the legitimate needs of the people.
Court delays, excessive litigation costs and procedural abuse can seriously undermine confidence in the administration of justice.
Access to justice must be real, not theoretical.
5. Access to justice: The true measure of the rule of law
My dear students,
A legal system cannot claim to uphold the rule of law merely because its Constitution recognises fundamental rights.
Those rights must be capable of practical enjoyment and effective enforcement.
Access to justice must therefore be more than an abstract aspiration.
It must be a lived reality.
We must recognise that poverty, illiteracy, geographical distance, the cost of legal representation and delays in proceedings can all prevent ordinary people from accessing justice.
A person may have an excellent legal claim but lack the resources to pursue it.
Another may have a strong defence but struggle to obtain legal assistance.
These are genuine challenges to the practical operation of the rule of law.
Justice that exists only for those who can afford it is not justice that is equally accessible to all.
We must therefore continue to strengthen legal aid, improve court administration, promote appropriate forms of alternative dispute resolution, and ensure efficient and timely judicial proceedings.
As members of the legal profession, we must also remember that unnecessary delays, procedural abuse and professional misconduct can erode public confidence in the administration of justice.
The right to justice must not become a privilege of the wealthy.
The law must remain a shield for the vulnerable and a restraint upon the misuse of power.
Ultimately, the strength of our justice system is measured not merely by the number of cases decided, but by the fairness, quality and accessibility of the justice it delivers.
6. The Gambia’s constitutional journey: lessons and responsibilities
Distinguished Guests, Ladies and Gentlemen,
The constitutional history of The Gambia reminds us that democracy, constitutionalism and the rule of law require constant vigilance.
Institutions must be strengthened, constitutional boundaries respected and fundamental rights safeguarded.
Our constitutional development teaches an important lesson:
Strong institutions are more enduring than powerful individuals.
Individuals come and go.
Governments change.
Public officeholders complete their terms.
But constitutional institutions must endure and continue serving the nation.
That is why the independence of the Judiciary, the accountability of public officials, the constitutional responsibilities of the Legislature and the lawful exercise of executive authority are essential to national stability.
Constitutional reform, where undertaken, must respect the legal procedures governing constitutional change and should be informed by careful reflection, inclusive dialogue and the public interest.
Reasonable differences of opinion about constitutional design should be addressed through peaceful, lawful and democratic processes.
The Constitution must never be regarded merely as a document to be invoked when politically convenient.
The true test of constitutional fidelity is whether we remain committed to constitutional principles even when their application produces an outcome we do not personally favour.
That is the discipline of constitutionalism.
The enduring strength of a republic lies not in the personality of any single leader, but in institutions capable of functioning lawfully, fairly and effectively beyond the tenure of individual office-holders.
7. The role of law students and the next generation my dear aspiring lawyers,
Allow me now to address you directly.
You are the future custodians of justice.
Among you may be tomorrow’s judges, advocates, prosecutors, constitutional scholars, legislators and public officials.
Your responsibility is therefore greater than passing examinations and acquiring professional qualifications.
You must cultivate intellectual honesty, moral courage and unwavering professional integrity.
Study the law diligently.
Read the Constitution carefully.
Understand judicial precedents and the reasoning underlying them.
Respect the independence of the courts.
And always recognise that legal knowledge without integrity can become a dangerous instrument.
A lawyer must not knowingly mislead the court.
A prosecutor must pursue justice and fairness.
A judge must remain impartial.
And every legal practitioner must uphold the dignity and ethical standards of the profession.
Never allow the pursuit of professional success to destroy the principles that give the legal profession its honour.
To the incoming Executive Council, I offer this further advice.
Your leadership must reflect the principles of constitutionalism that we are discussing today.
Respect the constitution of your Association.
Be accountable to your members.
Exercise authority fairly and transparently.
Protect the right of students to express differing views.
And remember that leadership is not an entitlement to command, but an opportunity to serve.
You cannot convincingly advocate constitutionalism in national affairs while disregarding constitutional principles within your own student institution.
Let your conduct become an example to those you aspire to lead.
Not every popular opinion is legally correct.
And not every unpopular decision is unjust.
The finest lawyer is not necessarily the one who speaks the loudest, but the one whose arguments are grounded in law, whose conduct reflects integrity, and whose commitment to justice remains steadfast.
Never forget that the legal profession is founded on public trust.
Your reputation may take years to build, but it can be destroyed by a single serious act of dishonesty.
Protect your integrity as you would your most valuable possession.
To the incoming Fourth Executive Council, I offer a special message.
Your assumption of office today offers a practical opportunity to demonstrate the very principles we are discussing.
Leadership is a responsibility, not a personal entitlement.
Exercise your authority transparently. Respect your Association’s constitution and established procedures. Remain accountable to your members. Listen to criticism, including that from those who did not support your election.
Protect your fellow students’ rights and encourage open intellectual debate.
Remember that you cannot credibly advocate constitutionalism in national government while disregarding constitutional principles within your Association.
Lead by example.
To the outgoing Third Executive Council, I extend my congratulations and my appreciation for your service.
The true mark of successful leadership is not merely what one accomplishes while in office, but the strength of the institution one leaves behind.
8. A call to conscience: The rule of law must remain our national compass
Distinguished Ladies and Gentlemen,
As I approach the conclusion of this address, let us return to the enduring wisdom of Lord Denning and Lord Bingham.
Lord Denning reminds us that the law stands above every individual, however powerful.
Lord Bingham reminds us that the law must bind everyone while protecting the fundamental rights and dignity of all.
Together, their judicial philosophies convey an enduring constitutional truth:
Power must be accountable. Rights must be protected. Justice must be accessible. And the Constitution must remain supreme.
These are not merely abstract legal principles.
They are the foundations of peaceful coexistence, responsible government, economic confidence and national development.
Let us therefore aspire to build a Republic where no citizen is too poor to obtain justice and no public official is too powerful to be held accountable under the law.
A Republic where courts remain independent.
A Republic where institutions respect constitutional boundaries.
A Republic where fundamental rights are protected.
And a Republic where every citizen can look to the law, not with fear, but with confidence.
My dear students,
I leave you with a final challenge:
Do not merely become lawyers who know the law. Become lawyers who respect the law, defend the Constitution and stand courageously for justice.
Remember that the greatest contribution you can make to this nation is not necessarily the office you hold, but the principles you uphold while holding it.
Let the Constitution be your compass.
Let integrity be your character.
Let justice be your mission.
And let the rule of law be your enduring legacy.
Conclusion: Let justice be your legacy
My dear students,
One day, some of you will appear before the courts as counsel.
Some may ascend the Bench.
Others may occupy important positions of public responsibility.
When that day comes, I urge you to remember this occasion and the principles we have discussed.
Remember that the law is not merely a profession through which to earn a living.
It is a calling to serve justice, defend human dignity, protect constitutional government and uphold the public trust.
Do not measure your success solely by the cases you win, the offices you occupy or the wealth you accumulate.
Measure it also by the fairness of your conduct, the integrity of your decisions and the positive difference you make in the lives of those who depend upon the law for protection.
Let your knowledge be accompanied by humility.
Let your ambition be guided by integrity.
Let your advocacy be anchored in truth.
And let your commitment to justice remain unshaken, even when doing what is right demands courage and personal sacrifice.
As I conclude, I leave you with this final message:
The Constitution must never become merely a document we celebrate. It must remain a living commitment we honour.
The rule of law must never become merely a principle we recite. It must become a standard by which we govern, judge, practise and live.
And justice must never become the privilege of the powerful. It must remain the right of every person.
If we embrace these principles, we will not merely produce competent lawyers or strong institutions.
We will help build a more just, more accountable and more peaceful Republic of The Gambia.
I once again congratulate the incoming Fourth Executive Council and wish the entire Law Students’ Association continued success.
May Almighty Allah bless your studies, guide your leadership, grant you wisdom and integrity, and bless our beloved nation, The Gambia, with enduring peace, justice, unity and prosperity.
May the rule of law forever prevail over arbitrary power.
May constitutionalism forever safeguard our democracy.
And may justice remain the enduring foundation of our Republic.
Thank you very much for your kind attention.
God bless the International Open University.
God bless the Judiciary and the legal profession.
And God bless the Republic of The Gambia.
I thank you all.
