Posted by Chester Morton / Friday 15 June 2018 / No comments
The functions of the Chief Justice of the Gambia
THE
FUNCTIONS OF THE CHIEF JUSTICE OF THE GAMBIA
Appointment
The
constitution of the Gambia makes provision for the appointment of a Chief
Justice. The appointment is done by the President in consultation with the
country’s Judicial Service Commission. Whenever the position of the Chief
Justice becomes vacant, the most senior judge on the Supreme Court assumes the
role of the Chief Justice. Within six months of his assumption of the role of
the Chief Justice, the president must appoint a substantive Chief Justice.
FUNCTIONS OF THE CHIEF JUSTICE
Appoint a
Medical Board
If it is
alleged that the president is mentally or physically incapable of discharging
the duties of his office, one of the functions of the Chief Justice is to
appoint a Medical Board to investigate whether this true or not. However, this
must only be at the request of the speaker of the National Assembly. While this
investigation is ongoing, the Vice-president assumes the duties of the
president.
Appointment
of a tribunal
Also,
where the president is alleged to have misconducted himself and bringing the
name of his office into disrepute, and the Speaker of the National Assembly
receives a notice in writing, singed by not less than half of the members of
the House, he could request the Chief Justice to appoint a Tribunal to inquire into the alleged misconduct.
Election
of Speaker
The Chief
Justice was mandated to preside over the election of the Speaker of the National
Assembly. In other words, he supervised the conduct of the election, in the
House, of a Speaker of the Assembly.
Presides
over the Supreme Court
Another
function of the Chief Justice is to preside over the sittings of the Supreme
Court and is also a member of the Cadi Appeals Selection Committee.
Chairman
of the Judicial Service Commission
Also, the
Chief Justice is the chairman of the Judicial Service Commission.
Supervision
of the courts
It is
also the duty of the Chief Justice to ensure the proper and efficient
operations of the courts within the jurisdiction of the state of the Gambia. This
is accomplished with the help of the Judicial Service Commission.
TENURE OF OFFICE
Removal from office
Though
the Chief Justice has security of tenure of office, he or she could be removed from
office on grounds of inability to perform the functions of his office. For him
or her to be removed from office, the members of the National Assembly must
present a motion, signed by 2/3 majority of the House of Representatives to the
Speaker of the House. After this, a three-member tribunal must be set up to
investigate the veracity of the claim. If the claim is proven to be true, the
National Assembly must vote again and if they are able to secure 2/3 majority
vote in support of the removal of the Chief Justice, the chief Justice ceases
to be the Chief Justice.
