The Gambia Bar Association (GBA) has today filed a lawsuit at the Supreme Court challenging the constitutional validity of the appointment of Mr. Edi M.O. Faal as Chief Justice of The Gambia.
In a notice to members, the GBA Executive announced that the action follows the Association’s resolution at an Emergency General Meeting held on 6 July 2026. The Bar had previously raised its concerns directly with President Adama Barrow, the Judicial Service Commission, and the Attorney General and Minister of Justice. It later wrote a second letter to the Attorney General seeking confirmation of the reported appointment and warning that it would take further steps if no response was received.
The lawsuit seeks several key declarations and orders. These include a finding that Mr. Faal does not meet the constitutional qualifications for the office of Chief Justice under section 139 of the Constitution; a declaration that his appointment is therefore unconstitutional, null and void; and a further declaration that any appointment or swearing-in before the retirement of incumbent Chief Justice Hassan B. Jallow takes effect on 1 August 2026 is invalid, because no vacancy existed in the office at the material time.
The GBA also asks the Court to set aside the appointment and to make any other orders necessary to uphold the Constitution.
The Association described the decision to go to court as “an extraordinary step,” noting that, to its knowledge, the GBA has never before challenged the appointment of a Chief Justice before the Supreme Court. It stressed, however, that the unusual nature of the action does not diminish its responsibility when a serious question of constitutional compliance arises.
The GBA emphasized that the case is not about Mr. Faal’s person, professional standing, or distinguished career. Rather, it centers on fidelity to the Constitution and the Association’s institutional duty to defend the rule of law and the independence of the judiciary.
As a representative on the Judicial Service Commission and a key stakeholder in the administration of justice, the Bar said it could not raise constitutional concerns and then remain silent once the appointment proceeded.
The matter is now before the Supreme Court. The Gambia Bar Association said it will present its case fully and will respect the Court’s final determination.
Meanwhile, President Adama Barrow will preside over the swearing-in of the new Chief Justice of The Gambia, Edrissa M.O. Faal, at State House today, Friday, 31st July 2026, at 3:00 pm.
