Alagi Yorro Jallow.
Fatoumatta: Corruption is a widespread issue that undermines the foundations of society, impacting all areas of public life. It diminishes trust in institutions, stifles economic growth, and exacerbates inequality. The recent arrest and detention of Chief Magistrate Pa Modou Njie on multiple charges, including fraud and drug trafficking, highlights the severity of the problem and the pressing need for resolute action. In a nation where the judiciary is often viewed as the last beacon of hope, the participation of judicial officers in corruption is especially alarming. When those charged with delivering justice are themselves implicated in corruption, it sends a dire message to the citizens and further diminishes faith in the legal system.
In a society rife with dishonesty, it is unrealistic to expect wrongdoers or their associates to acknowledge or express regret for their greed, folly, shortsightedness, and misplaced priorities. It would hardly be surprising if these individuals persist in obstructing and delaying cases, thereby fostering judicial corruption linked to drug cartels and corrupt politicians. Likewise, it is time for a comprehensive review and reform of the Civil and Criminal Procedure Act, the Evidence Act, and the Criminal Procedure Code, among other statutes. These laws, along with the rules and regulations stemming from them, urgently require updates to address the needs and realities of the modern world and to eliminate the vestiges of British colonial influence. Such an overhaul should go beyond mere revisions of old laws, which has been the extent of Parliament’s nominal efforts to bring our colonial statutes in line with the 1997 Constitution.
Fatoumatta: Barons of grand corruption, economic sabotage, and crimes against the populace have previously enjoyed political protection and a compliant judiciary that would not hold them accountable for their excessive wealth, land grabs, and use of ethnicity as a political tool. They are opposed to strong and competent judicial officials who aim to establish a bold and independent judiciary that operates without deference to the powerful elite. The idea of a self-assertive and autonomous judiciary was seen as a potential threat to the corrupt syndicates that had dominated the judiciary. Furthermore, an assertive judiciary is perceived as a threat to the establishment of new corrupt networks. Therefore, it is clear that judicial reform is inherently a political process.
A troubling issue exists within our courts regarding criminal, constitutional, and judicial corruption cases. Although these cases are not legally bound by time, they should be expedited. Often, these cases lose momentum when a corrupt or incompetent judge issues an interlocutory conservatory order or injunction, typically without considering the opposing side’s argument. As a result, the case may languish and be dismissed after an excessive delay, with the damage already done by the interlocutory order. This pattern suggests a tactic aimed more at frustrating the opposing party with temporary relief than achieving a verdict based on the case’s merits.
Corrupt and incompetent judges and magistrates often display a detached indifference, allowing cases marked as urgent to languish for months or even years, despite the disputes necessitating resolution within days or weeks. They also frequently feign ignorance of the true proceedings, pretending to let the judicial process unfold naturally through continuous mentions and adjournments. This enables petitioners or applicants who benefit from an interim conservatory order or injunction to delay and obstruct the course of justice.
Fatoumatta: It is essential for the judiciary to establish objective criteria to identify and expedite cases that should be resolved promptly, within days or weeks, even in the absence of a specific constitutional or statutory deadline. Cases that warrant swift resolution include those involving corruption, impeachment, budget processes, and the constitutionality of tax, division of revenue, allocation of revenue, and national security laws.
The president, as the head of state, must demonstrate political will and moral courage by utilizing executive powers to effectively combat corruption. This includes ensuring that the Anti-Corruption Commission is established by law through the National Assembly and led by individuals who are not only morally and ethically upright but also competent. The commission needs sufficient funding, independence, and the power to impartially investigate and prosecute cases of corruption. The president should show commitment by implementing policies that enhance transparency in government activities, such as public procurement, and by holding officials accountable for their actions. Additionally, reforms in the judicial system are crucial to guarantee its independence from political interference and its ability to deliver fair justice, which involves the thorough screening of judges and magistrates to exclude any lacking integrity.
Additionally, to combat corruption effectively, it is crucial to educate the public about its harmful effects and encourage them to report corrupt activities. An informed citizenry is a formidable force in the anti-corruption battle. Benchmarking with countries that have impressive anti-corruption standards and collaborating with international organizations are essential steps in addressing cross-border corruption and recovering stolen assets. Equally important is the enactment of laws that protect whistleblowers from retaliation, as this encourages people to report corruption without fear of reprisal.
Fatoumatta: The arrest of Chief Magistrate Pa Modou Njie is a clear indication that no one is above the law. It is vital for the president to take decisive actions to eliminate corruption and rebuild public trust in the judiciary and other public institutions. Only through unified efforts can we aspire to create a society where integrity and justice are upheld.
Image: Courtesy of QTV Gambia.
