In a significant intervention that could reshape the judicial appointment process, the Gambia Bar Association (GBA) has unanimously declared that prominent Gambian-born, US-based lawyer Mr. Edi M.O. Faal is constitutionally ineligible for appointment as Chief Justice of the Republic of The Gambia.
The decision was taken at an Emergency General Meeting convened by the GBA’s General Membership on Monday, 6th July 2026. After extensive deliberation, members concluded that Mr. Faal does not satisfy the qualifications prescribed under Section 139(2) of the Gambian Constitution.
In a strongly worded resolution made public on Thursday, the GBA stressed that its position relates exclusively to the constitutional requirements for the office and should not be interpreted as any reflection on Mr. Faal’s personal integrity, professional competence, or distinguished legal career. “The sole issue of concern was whether the constitutional requirements… have been met,” the statement emphasized.
Following the meeting, the GBA formally transmitted its resolution to key constitutional authorities: His Excellency the President of the Republic, the Chairman of the Judicial Service Commission, and the Honorable Attorney General and Minister of Justice. In the letters, the Association outlined the specific constitutional concerns and urged the recipients to “give careful consideration to the issues arising under section 139” and to discharge their responsibilities in full compliance with the Constitution.
The GBA noted that it does not ordinarily comment on individual judicial appointments. However, it felt compelled to act in this instance because the proposal raises “a serious constitutional question which ought properly to be resolved before the appointment process is concluded.”
The Association underscored the broader implications of the matter, stating that strict adherence to the Constitution remains “indispensable to the maintenance of the rule of law, the independence of the Judiciary and public confidence in the administration of justice.”
The statement concluded by affirming that the GBA has fulfilled its professional duty by placing the matter before the relevant authorities. It will continue to monitor developments closely and “will not hesitate to take such further steps as may be appropriate” to uphold the rule of law and defend constitutional supremacy. The resolution was signed by Neneh M.C. Cham, President of the Gambia Bar Association.
The development comes at a sensitive time for Gambia’s judiciary, which has been working to strengthen its independence following years of political transition. Legal observers say the GBA’s intervention highlights the critical importance of transparent and constitutionally sound appointments to the highest judicial office.
As of press time, neither the Presidency nor the Judicial Service Commission had issued a public response to the Bar Association’s position.
