Good Morning my learned friends, it is a great honour to give my first statement as President of the Bar to our distinguished members today in very unusual and challenging times for many reasons. Let’s acknowledge in particular the presence and participation of our Doyen, Mr. SBS Janneh and learned Seniors who were born before computers (BBC) for joining this virtual meeting via zoom. I am truly grateful, inspired and encouraged by your participation. For the rest of participants, thank you for taking the time to participate on this very historic and important Annual General Meeting (AGM) . Our AGM was originally scheduled for February of this year but could not hold due to the Covid19 Pandemic which hit the world in December 2019 and was officially declared a Pandemic by the WHO in March of this year. As a Bar, we had to take the necessary precautions and postponed our AGM in the interest of the welfare of our members and the country at large.
As lawyers, we are expected and legitimately so, to always act in accordance with the law at all times. The Gambia Bar Association’s ( GBA) governing law is our Constitution and this begs the question of the constitutionality or otherwise of holding our AGM virtually. Learned friends, let me assure you our constitution does not expressly or impliedly stipulate that our AGM should be held in any particular geographic location if any at all . Article 4 of the Constitution states
‘ AGM shall hold once in every year on such dates as may be determined by the Executive Committee’
Learned Friends, I dare say we are good to go and in the alternative, I rely on the doctrine of necessity premised on the Force Majeure event – Covid 19 Pandemic.
The Executive committee under my leadership concluded its term two years in February but out of necessity and circumstances beyond our control over-stayed by three months. Similarly we extend our apologies and rely on the previous prayer – Doctrine of Necessity. I hope the constitutionality of our decisions will not be challenged at the Supreme court.
The Gambia Bar Association is older than our nation and has a very rich history. The GBA is the premier voice of legal practitioners in the Gambia and has always been at the forefront of shaping the destiny of our country from the days of Pierre Njie esq of blesseth memory to date. The GBA for those who are too young to remember, condemned the unconstitutional change of Government in 1994 and was the only institution that the former dictator could not dismantle or control during his brutal 22 years. Indeed, many may feel that the GBA did not stand up to the dictatorship or could have done more. Whether by design or providence, the GBA under the leadership of S M Tambedou (SMT) played a catalytic role in bringing about the change and freedom we all enjoy today by boldly calling Jammeh’s attempt to annul the election as not only unconstitutional but treasonous. That move, that statement read by SMT at Coco Ocean Resort surrounded by his learned friends cum comrades will go down in history as one of the most heroic and patriotic acts of the GBA. I recommend that we celebrate and commemorate December 12 annually going forward. We must not let this legacy fade away in oblivion. When it mattered, we were on the right side of history. I will take this opportunity to single our members who have been indefatigable defenders of the freedoms and liberty of the citizenry in the 22 years particularly – Antouman Gaye, Ousman Sillah, Ousainou Darbo, Mariam Denton Hawa Sisay Sabally,Amie Bensouda, Neneh Cham, Rachel Mendy,Lamin Camara
As a country we are at a crossroad, as we transition from a dictatorship to a democracy. The role of an independent and strong bar is more than ever critical as we forge ahead to build a New Gambia premised on the respect for rule of law, respect for fundamental rights and good governance. More than ever, the expectations of our clients and public are very high. We are now the subject of intense scrutiny and criticism particularly with the advent of social media and citizen journalism – everyone with a phone or keyboard has a voice. The complaints against lawyers by the members of the public have grown exponentially. More than ever, we must uphold the values and ethics of our profession in the face of the challenges we are facing. As always, we must have zero tolerance for wanton unethical behaviour and we should do better in this regard . Ethics is at the heart of the profession and the current state of affairs is worrisome to say the least. The General Legal Council ( GLC) is swamped with complaints against lawyers and the GBA likewise has received many complaints of alleged impropriety. We need to ensure that we regulate the conduct and behaviour of our members with all seriousness and those who do not conform to the minimum required standards should be reprimanded and/or dealt with appropriately by the GLC. The failure and/or omission or unreasonable delays to address the complaints against legal practitioners undermines the respect and integrity of the Bar. I believe our constitution in its current form,does not confer the power to reprimand or sanction its members. There is an urgent need to amend our constitution to empower the GBA to address this issue amongst other issues.
The GBA has been an active player in the design and implementation of our governance architecture – Constitutional Reform Commission (CRC) , Truth Reconciliations and Reparations Commission (TRRC) and the aptly named Janneh Anti-Corruption Commission. The GBA has actively participated as partners with the Executive in the promulgation of progressive bills such as the Anti-Corruption Bill, Access to Information Bill, Criminal Offences Bill amongst others. The Bar under my leadership has repositioned itself as the leader and premier voice in all matters of governance, constitutionalism, respect for the rule of law and protection of human rights. The GBA played a significant role in CRC process from its conception in 2017 to the finalisation of a very progressive draft by our distinguished and erudite members – Vice Chair, Hawa Sabally, Janet Sallah Njie, Lamin Camara and Gaye Sowe. As a bar and country, we are indebted to them for service to your country despite the premature death of the proposed draft constitution. Likewise the GBA was represented by my humble self at recent attempts to revive the Constitutional Building Process coordinated by International IDEA and mediated by President GoodLuck Jonathan.
The GBA as watch dog and bulwark of our new found democracy has not shied away from speaking truth to power to the arms of Government, particularly the Executive guided by the national interest. Accordingly, the GBA has issued a number of statements on matters of national interest such as – Unconstitutional Dismissal of a Nominated Member of the National Assembly, the Extension of State of Public Emergency Contrary to the provisions of the Constitution, The use of disproportionate violence by the police against protestors and arbitrary closure private radio stations without following due and most recently The rejection of the Draft constitution by the National Assembly. The GBA in the discharge of its noble and onerous duty, is sometimes the subject of unfair criticism by political actors and their supporters and even the media as being ‘political’. This is inevitable and should not distract the GBA from discharging its role in an independent, non-partisan and professional manner. The law is political. The constitution is political and human rights is political. Notwithstanding , we cannot shy away from our duties and responsibilities. Whilst our interventions or actions may be considered political in some corners rightly or wrongly, we remain and must remain independent and non-partisan.
The Covid 19 Pandemic has seriously impacted the work of lawyers as the courts were closed for a good part of the year due to the State of Public Emergency proclamation between the month of March to the end of July. Despite this challenge, the GBA, MOJ and the Judiciary as partners with the support of UNDP piloted virtual court hearings and worked closely with the Judiciary to develop rules of court for the virtual court hearings. This has also presented an opportunity to roll out a virtual court system across the board as a first step towards digitizing the justice delivery system to increase access and enhance efficiency in keeping the times. We are pleased to report that our successful collaboration with the Judiciary, UNDP, UNICEF, Prisons, CLS Department and Ministry of Social Welfare helped decongest the prisons at a very critical time in pandemic particularly juvenile detainees. The Secretary General’s report will dilate on this laudable initiative. Likewise, the GBA with our partners and with the support of the UNDP under the Mobile Legal Aid Clinic (MLAC) has provided pro bono legal services in various communities in the Gambia. We also have an office at the Jeshwang Prison to hold conferences with detainees and provide pro bono legal services to detainees. Through this initiative a number of detainees have been granted bail and some discharged. We are grateful to Mr. Johny Njie and our UNV Fabakry Jammeh , Sarjo Sama for their lead role in this initiative not forgetting our partner the UNDP
The GBA has a lot of potential but has capacity challenges which has inhibited our ability to carry out our mandate more effectively. For this reason, we have secured a grant from the UNDP under the Rule of Law Project to fund a consultant to develop a Strategic Plan for the GBA.The procurement process is ongoing and we hope a consultant will be appointed very soon. A strategic plan will hopefully give us a clear road map for the future.
In conclusion, with humility and despite our challenges the GBA has great opportunities to discharge its duties towards its client, public and its members. The strength of the GBA is a function of the sum total of the commitment of its members. We therefore ask more of you and always remember this profession is a calling and service to the bar is calling of every lawyer. The value proposition of the bar may not be tangible to many are this stage but that should not deter you from participation and contributing to the success of the Bar. The mantra is always “ Ask not what the Bar can do for you but rather what you can do for the Bar”
Once again,I am truly grateful to address this august body virtually and wish you all a successful AGM.
Salieu Taal
23rd April 2021