Gambiaj.com – (BANJUL, The Gambia) – The Commonwealth Lawyers Association (CLA) has thrown its weight behind the Gambia Bar Association’s (GBA) decision to challenge the appointment of Chief Justice Pa Edi M.O. Faal before the Supreme Court, describing the move as a legitimate constitutional process that reflects the role of an independent legal profession in upholding the rule of law.
In a statement issued on 5 August 2026, the London-based legal body said it had taken note of the GBA’s 31 July announcement confirming that it had instituted proceedings challenging whether Faal’s appointment satisfies the constitutional requirements for the office of Chief Justice.
The CLA stressed that the case should be viewed as a constitutional question rather than a personal attack on the country’s top judge.
The intervention by the Commonwealth Lawyers Association adds international dimension to a case that has already generated significant debate within The Gambia’s legal community.
The GBA has described its decision to sue as “unprecedented and extraordinary” while insisting that its application does not question Justice Faal’s integrity, competence, or professional record but instead seeks judicial clarification on whether his appointment complies with the Constitution.
Rule of Law at the Centre
The Commonwealth Lawyers Association said it supports law societies and bar associations that act independently to defend the legal profession, judicial independence, and the rule of law.
According to the statement, the office of Chief Justice occupies a pivotal position because it presides over constitutional disputes, election petitions, human rights litigation, and other cases of national importance. As a result, the association argued, the process of appointing a Chief Justice is fundamental to maintaining public confidence in the administration of justice.
The CLA also cited the Commonwealth (Latimer House) Principles on the Three Branches of Government, which recognize that an independent, impartial, and competent judiciary is essential to safeguarding the rule of law.
The principles further affirm that an independent and effective legal profession is equally critical to protecting judicial independence.
The association said the GBA, by referring the constitutional question to the Supreme Court and undertaking to abide by its decision, was fulfilling the responsibility of an independent Bar to uphold the Constitution and the rule of law.
Call for Respect of the Judicial Process
The Commonwealth Lawyers Association urged all parties to respect the GBA’s right to bring the proceedings, conduct themselves with dignity and professionalism, and accept the Supreme Court’s eventual ruling.
It said it would follow the proceedings with interest, noting the GBA’s commitment to pursue the matter in accordance with the law and to respect the Court’s determination.
The Gambia Bar Association filed its challenge after President Adama Barrow nominated Pa Edi M.O. Faal as Chief Justice. The Bar Association argues that the Supreme Court should determine whether the appointment meets the qualifications prescribed by the Constitution for the country’s highest judicial office.
The case is widely regarded as one of the most consequential constitutional challenges in recent years, with its outcome expected to clarify the interpretation of constitutional provisions governing judicial appointments while potentially shaping future appointments to the nation’s highest courts.
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