Gambiaj.com – (BANJUL, The Gambia) – The Gambia Bar Association (GBA) has filed an action before the Supreme Court contesting the constitutional validity of Edi M.O. Faal’s appointment as Chief Justice, moving to court just hours after the appointment was officially announced.
In a memo circulated to its members, the GBA Executive said the legal action follows a resolution passed by the General Membership at an Emergency General Meeting held on July 6, 2026, as well as subsequent correspondence with the President, the Judicial Service Commission, and the Attorney General.
The Association noted that this marks the first time it has approached the Supreme Court to challenge the appointment of a sitting Chief Justice, underscoring the gravity with which it views the matter.
Five Declarations Sought
The GBA is asking the Supreme Court for five specific reliefs. First, it wants a declaration that Mr. Faal does not meet the constitutional qualifications required for the office of Chief Justice under Section 139 of the Constitution. Second, it is seeking a declaration that the appointment is unconstitutional, null and void, and of no legal effect on the basis of non-compliance with that same provision.
Third, and perhaps the most striking element of the challenge, the Association wants the court to declare that both the appointment and any swearing-in occurring before the retirement of the incumbent Chief Justice on August 1, 2026, would be unconstitutional, null, and void.
The GBA’s reasoning is that no vacancy exists in the office of Chief Justice until the current occupant’s tenure formally ends, meaning any appointment made ahead of that date would be premature and without legal foundation.
Fourth, the Association is seeking an order setting aside the appointment altogether for non-compliance with Section 139. Fifth, it has asked the court to grant such further orders or directions as it deems appropriate in the circumstances.
Institutional Duty, Not Political Posturing, “Not About the Person of Edi Faal”
In its memo, the GBA Executive was emphatic that the legal challenge should not be construed as an attack on Mr Faal personally or on his professional record.
“This action is therefore not about the person of Edi Faal, his professional standing, or his distinguished career,” the memo states. “It is about the Constitution and the obligation of the Bar, like every institution and public authority, to respect and defend its supremacy.”
The Association grounded its decision to litigate in its institutional role. As a stakeholder represented on the Judicial Service Commission and with a mandate that touches on the administration of justice and the defense of the rule of law, the GBA argued it could not credibly raise concerns about the appointment process and then stay silent once the appointment went ahead regardless.
The memo reiterated that “fidelity to the Constitution must remain at the heart of the Association’s work,” signaling that the Bar views this intervention as consistent with its broader constitutional watchdog function rather than a departure from it.
The matter now rests with the Supreme Court, which will be asked to rule on both the qualifications of the appointee under Section 139 and the constitutional propriety of the timing of the appointment relative to the incumbent Chief Justice’s scheduled retirement on August 1, 2026. The Gambia Journal will continue to follow developments in this case as they unfold.
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