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Momodou
Denmark
11520 Posts |
 Posted - 11 Feb 2008 : 18:50:29
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Foroyaa Editorial:
The Judiciary Under Focus
The Supreme Court is the final court of appeal for The Gambia, as provided for by section 126 of the constitution. It is constituted by no less than five judges. A single judge may exercise the powers of the court subject to fresh application to a bench of five judges for review.
The Supreme Court is expected to deliver its decisions expeditiously. In terms of interpretation of the constitution, it is required to give its decision within thirty days. The same goes with the determination of the validity of the election of a president or the vacation of a seat in the National Assembly.
The Chief Justice is given the responsibility to ensure that the constitutional provisions are respected.
During the taking of the oath of office of two supreme court judges, the President of the Republic indicated that it is not his intention to interfere with the judiciary. This is exactly what the constitution says. It states under section 120 subsection (3) that in the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this constitution and the Law and, save as provided in this chapter, shall not be subject to the control or direction of any other person or authority.
The media will follow all the decisions of the judges and report on the proceedings with accuracy so that the people will subject them to the test of fundamental justice which holds that justice should both be done and seen to be done.
If the pronouncements of the president are to be seen as a departure from the past it should be followed by a review of the cases of all detainees and the pending trials so as to give advice for their release or speedy justice. The day such an approach is announced every Gambian would be convinced that a new page has been turned in the political life of the governance of the country. Until then we can only wait and see whether words will match deeds.
Source: Foroyaa Newspaper Burning Issues
Issue No. 17/2008, 8 10 February 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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