by Alagi Yorro Jallow.
Today, we pay homage to one of The Gambia’s most esteemed female lawyers, Ms. Hawa Sisay Sabally. Her steadfast bravery, courage, and fearlessness in the face of tyranny have made a lasting impact on the nation’s legal framework. I have always been in awe of the moral and spiritual magnitude. Among all the individuals I have encountered in my life, Ms. Hawa Sisay-Sabally stands out as one of only two people about whom no negative word has ever been spoken.
In the realm of litigation, excellence transcends courtroom triumphs to encompass an advocate’s impact on jurisprudence, governance, and justice. The litigator we commend is celebrated for an exceptional legal intellect that has made significant contributions beyond the courtroom, leaving a lasting imprint on the legal landscape. Ms. Hawa Siay Sabally is distinguished by her meticulousness, intellectual depth, and steadfast dedication to integrity. She has successfully argued landmark cases across all tiers of Gambia’s judiciary and regional tribunals, influencing constitutional interpretation, public law, and human rights legislation. We take great pride in acknowledging a prominent legal academic, practitioner, and staunch champion of justice: Ms. Hawa Sisay-Sabally, the Gambia’s Iron Lady. With the establishment of her law firm in Banjul, Ms. Sisay-Sabally has invigorated the judiciary and legal fraternity with her vibrant presence—motivating both plaintiffs and defendants, sparking enthusiasm, and commanding respect. As a formidable barrister and solicitor of the Supreme Court of the Gambia, she is celebrated for her vigorous defense and litigation prowess that earns widespread admiration.
Hawa is uncompromising. Dubbed the “Iron Lady of Gambian lawyers,” she is akin to Lady Macbeth from Shakespeare’s play, albeit without the fatal ambition. It would be unjust to equate Hawa Sisay Sabally with Lady Macbeth entirely, as the latter possesses many negative and fatal qualities. Nevertheless, Ms. Sisay Sabally does share some positive attributes with Lady Macbeth, notably their influential status.
Like Lady Macbeth, who was proactive in pursuing her objectives, Ms. Sisay Sabally has been a pioneer, initially serving in the judiciary as a senior state counsel and eventually ascending to the position of Attorney General and Minister of Justice before departing in 1998 to establish her own law firm, Hawa-Sisay -Sabally & Co. Advocates. She was instrumental in representing the Gambia Press Union, pro-democracy activists, and the opposition in court, and was one of the few female lawyers engaged in that arduous battle.
Like Macbeth, she is a maverick. A legendary and defiant moment for the record books occurred when Ms. Sisay Sabally appeared before the Commission of Inquiry, having walked out of the government. When asked if she owned a farm as part of her asset declarations, she declared to the commission, “I am a city girl,” prompting both the lead counsel and the attendees to erupt in thunderous laughter.
Interestingly, I was at my desk in the newsroom when she called. She asked if we were aware of the two versions of the 1997 constitution circulating and being used in the courts: one with a pink cover and another with a light green cover. After checking, it turned out to be accurate. We sounded the alarm, prompting the Printing department to address the mistake by amending The Gambia’s constitution, which had been issued with two distinct covers and possibly divergent contents. Such is Ms. Sisay-Sabally’s sharp wit and humor, familiar to those who know her.
Like Macbeth, her boldness is refreshing, and it’s invigorating to see a woman of substance at the bar, bringing more than just gender to the table. It conveys a powerful message, particularly to women and girls, that anything is achievable with dedication and effort.
Hawa Sisay Sabally, who served as Attorney General from 1996 to 1998, was a vocal opponent of corruption and a defender of opposition politicians in criminal cases stemming from their involvement in pro-democracy demonstrations. Her dedication to justice and adherence to the rule of law became apparent when she represented the Gambia Press Union (GPU) against the state in the notorious National Media Commission case before The Gambia’s Supreme Court. Taking on this case, which contested the constitutionality of laws detrimental to press freedom, was a courageous act during the oppressive regime of Yahya Jammeh. While many Gambian lawyers declined to represent the GPU to avoid conflict, and the coalition of Human Rights Lawyers demanded exorbitant legal fees of $20,000, Hawa Sisay Sabally courageously stepped in, requesting only to cover administrative expenses. Her altruism and commitment were further highlighted when she returned $1000 from the $3000 fee given by supporters back to the GPU’s accounts.
Hawa Sisay Sabally’s bravery is immeasurable. She remained steadfast while many retreated in fear. Her father, the ex-Minister of Trade and Finance Sheriff Saikouba Sisay, clearly imparted a strong sense of responsibility and honesty in her. Serving as the Minister of Justice and Attorney General under President Yahya Jammeh from April 1996, she was succeeded by Fatou Bensouda on July 31, 1998. Nonetheless, she persisted in her pursuit of justice.
In 2001, following the government’s endorsement of a contentious Indemnity Act that permitted the President to exempt individuals from prosecution, Sisay Sabally denounced the act, labeling it as “equivalent to a coup against the 1997 constitution.” The Act was enacted to block the prosecution of security officers involved in the deaths of 14 students in April 2000. She successfully represented her husband before the Supreme Court of The Gambia, which decided in their favor and granted him compensation.
As a member of the Female Lawyers Association of The Gambia, established in 2007 to advocate for gender equality via legislative reform, Hawa Sisay Sabally has been a relentless champion for women’s rights. Additionally, she is part of Transparency International and the Network of Lawyers for the Defence of Journalists in West Africa, actively opposing corruption and upholding press freedom.
In 2010, Hawa Sisay-Sabally represented Yussef Ezzeden in a treason trial that involved the former Chief of Defence, Lang Tombong Tamba. In 2016, she was among the lawyers who represented Ousainou Darboe, a United Democratic Party opposition politician, and others who were imprisoned for organizing pro-democracy protests before the presidential election.
Hawa Sisay-Sabally is married to Ousman Sabally, a school teacher she defended in 2001 following his assault by state security agents. Her unwavering commitment to justice and her bold advocacy have established her as a symbol of hope and inspiration for many.
Her scholarly contributions include “Inheritance in The Gambia” and “National Integrity Systems: Transparency International Questionnaire The Gambia 2004,” reflecting her profound dedication to justice and transparency.
Hawa Sisay-Sabally’s legacy is marked by courage, integrity, and a steadfast commitment to justice. Demonstrating character and bravery under a dictatorship, she stood up for what is right when many remained silent. Her efforts have laid a foundation for future lawyers and activists in The Gambia and beyond.
Ms. Sisay-Sabally was not born into the roles of lawyer or lawmaker; she achieved these through relentless energy and perseverance. Shakespeare, in “Twelfth Night,” wrote, “Some are born great, some achieve greatness, and some have greatness thrust upon them.” Ms. Sisay-Sabally has certainly achieved an inspiring level of greatness.
Whether one is Ms. Sisay-Sabally or Lady Macbeth, it is evident that mastery in any field requires persistence. Robert Greene articulates this in his book “Mastery,” stating, “There are many paths to mastery, and if you are persistent, you will find one that suits you… Mastery demands many hours of dedicated focus and practice.”
We must acknowledge that the lawyers we admire have found their purpose and excelled in their field. Similarly, we should not overlook the areas we need to master to improve our own lives while we support these lawyers. Law is a profession of competition, and in such contests, there are both winners and losers. Ms. Sisay-Sabally is a winner who persists. We shouldn’t take things personally; we have a nation to build. Today, we honor Hawa Sisay-Sabally, a pillar of justice and an ardent advocate for the underprivileged. Her enduring contributions to The Gambia’s legal system are unmistakable, and her legacy continues to inspire young girls, like my daughter, your daughters, and all young females.
