Gambiaj.com – (BANJUL, The Gambia) – A recent Afrobarometer survey has revealed a troubling lack of confidence in The Gambia’s judicial system, with fewer than half of citizens believing that ordinary people can obtain justice in the courts. The findings highlight ongoing concerns about fairness, corruption, and accessibility in the country’s legal institutions, despite years of reform efforts aimed at improving governance and the rule of law.
Since the ousting of former President Yahya Jammeh in 2016, the government under President Adama Barrow has pursued an ambitious reform agenda, focusing on transitional justice, constitutional and security sector reform, and strengthening state institutions. These measures were designed to enhance transparency, accountability, and trust in governance structures, including the judiciary. However, Afrobarometer’s latest research suggests that public confidence in the courts remains alarmingly low.
Judiciary Perceived as Corrupt and Ineffective
According to the survey, only 44% of Gambians say they feel “somewhat confident” or “very confident” that ordinary people who are wronged can obtain justice in the courts. A mere 46% express trust in the judiciary, while more than four in 10 (43%) believe that “most” or “all” judges and magistrates are corrupt.
A majority (56%) of respondents say that people are “often” or “always” treated unequally under the law, and 59% say that officials who break the law frequently go unpunished. Nearly half (48%) of Gambians believe that judges and magistrates base their rulings on the influence of powerful individuals rather than on the law.
Limited Access to Legal Support
Beyond corruption and fairness concerns, access to legal services remains a significant barrier for many Gambians. Only 34% of respondents say they could probably find legal advice if needed, while just 31% believe they could afford to take a legal matter to court. Furthermore, only 10% of Gambians report being aware of legal aid services in their communities.
When faced with legal disputes, Gambians appear hesitant to turn to formal legal institutions. While 31% would seek assistance from the police, many would rather rely on traditional leaders or elders (20%), family members (16%), or religious leaders (6%). Notably, only 2% of respondents say they would approach a lawyer or local court.
Calls for Reform and Accountability
The survey findings raise serious concerns about the effectiveness of judicial reforms and the need for renewed efforts to restore public trust. Despite government initiatives to enhance access to justice, perceptions of inequality and corruption continue to undermine confidence in the legal system.
Solicitor General Hussain Thomas has acknowledged the importance of trust in the judiciary, stating, “We’re working to build a system where every Gambian can have confidence that their rights will be protected and that the law will be applied fairly, regardless of who they are.” However, the Afrobarometer results suggest that significant work remains to be done to bridge the gap between reform efforts and public perception.
Interestingly, despite concerns about the fairness of the legal system, an overwhelming 80% of Gambians believe that the death penalty is a fair punishment for the most serious crimes, reflecting strong views on justice and accountability.
As The Gambia continues its democratic transition, ensuring that the judiciary is both accessible and impartial will be critical to consolidating the country’s progress. Addressing issues of corruption, inequality, and affordability in the justice system will be key to building the public’s confidence in the courts and strengthening the rule of law.
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