By Kemo Kanyi
The Judicial Council of the Economic Community of West African States held a convergence in the Gambia to examine its rules of procedure.
The meeting was attended by Chief Justices of The Gambia, Nigeria, Ghana, Guinea Bissau, and Sierra Leone. Justices of the High Court of the Gambia, Principal magistrate of various lower courts, and other legal luminaries in the Gambia attended the gathering.
Hassan B. Jallow, the Chief Justice of the Gambia, says the genesis of the gathering lies in the meeting of the ECOWAS Judicial Council held in February 2024 in the city of Abuja Nigeria. “It was observed on that occasion that the Rules of Procedure of the Judicial Council are inadequate and need to be reviewed and revised in line with promoting more effectively the mandate of the Council,” he recalled.
The council, he continued, accordingly constituted a five member Committee comprising: Benin, The Gambia, Ghana, Guinea Bissau and Sierra Leone to convene in Banjul to consider and submit recommendations to the council for the improvement of the rules of procedure of and the legal framework relating to the council.
“Simultaneously the Council also decided at its Abuja meeting to constitute another committee comprising Cabo Verde, Liberia, Senegal, Sierra Leone and Togo to review the implementation or enforcement of the decisions of the ECOWAS Community Court of Justice as well as enhance its operational efficiency. That committee, I am advised, has just recently concluded its work in Dakar, Senegal,” he declared.
Justice Jallow added that the regional block’s committed recognition has gone beyond the sub-region as conceived by its fundamental foresight.
“The ECOWAS has today become a household name throughout our region and indeed well beyond. Conceived several decades ago by its Founding Fathers as an instrument for promoting economic integration in our region, and ultimately greater political cohesion and unity amongst its member states, the organization has matured and expanded its mandate beyond economic matters. It has distinguished itself in its peacekeeping operations and its emphasis on good governance, democracy, respect for the rule of law, and human rights as the foundation of the ultimate goal of integration,” he highlighted.
He cited the importance of access to fair justice delivery for ECOWAS citizens as one key element of good governance advocacy by the council.
“Access to speedy and quality Justice by ECOWAS citizens is no doubt an important element of the goodgovernance to which the organization is committed and which it is actively promoting in our region. It is thus imperative that we continue to strengthen the Judicial Council in its mandate and in that way improve the operational efficiency of the ECOWAS Community Court of Justice which is today one of the most vibrant organs of the community,” he pointed out.
Hon. Jallow assured the gathering of Gambia’s readiness to uphold ECOWAS protocols. “We in The Gambia, like other member states, are indeed truly cognizant of the value of the ECOWAS and will remain appreciative of its intervention to restore and consolidate good governance in our country. We shall continue to work for the strengthening of its institutions and procedures for the benefit of the citizens of the community.”
“We acknowledge and indeed welcome the support of the community in the establishment of appropriate mechanisms and procedures to secure accountability for serious crimes identified by The Gambia’s Truth Reconciliation and Reparations Commission and as accepted by The Gambia government in its White Paper,” he affirmed.
He continued: “We must continue to look forward. The Community Court of Justice has now evolved from being solely an interstate court adjudicating disputes between its member states. Its human rights jurisdiction has become a veritable avenue for aggrieved individuals within the ECOWAS region to seek and obtain redress from injustice.”
He said the ECOWAS justice system would pave the way for an effective and desirable foundation tool for good governance.
Meanwhile, Hussain Thomasi, Solicitor General of the Gambia, representing the Minister of Justice, acknowledged the significant milestone the chief justice of the Gambia achieved in the transformation of the judicial system of the country.
Honourable Olukayode Ariwoola, Chief Justice of Nigeria and the Chairman of ECOWAS Judicial Council, and Ambassador Miatta Lilly French ECOWAS Resident Representative to the Gambia both recommended the importance of the review process as it will help the council improve on gaps necessary
