The Edward Francis Small Centre for Rights and Justice welcomes the opening of the Legal Year 2026, which commenced on Sunday, 25th January 2026. We note that the celebrations are centered on the administration of justice and initiatives aimed at promoting access to justice and judicial efficiency, as articulated by the Judiciary.
EFSCRJ recognizes the Judiciary as a critical organ of the State with the primary constitutional duty to protect human rights, as stipulated under Section 17 of the Constitution. Section 120 vests judicial power in the courts, while several other provisions of the Constitution, together with administration of justice-related laws, grant significant immunities, benefits, and privileges to judicial officers. Correspondingly, the Constitution imposes immense powers and sacred obligations on the Judiciary in the discharge of its functions. Notably, Section 124 mandates courts to deliver decisions within the shortest possible time.
Taken together, both the Constitution and these justice related laws envisage a Judiciary that is effective, efficient, accessible, affordable, and responsive in the delivery of justice.
We acknowledge and commend the efforts undertaken by the Chief Justice and the Judiciary since 2017 to reform and strengthen the justice system in pursuit of efficiency, accountability, and improved service delivery. These efforts are visible and worthy of recognition. However, EFSCRJ emphasizes that significant gaps and systemic challenges remain and must be urgently addressed.
After sixty years of independence, Gambians cannot continue to wait excessively for justice, nor should they be compelled to pay exorbitant fees merely to access the courts or endure poor facilities and substandard services at courthouses across the country. Access to justice must be swift, affordable, reliable, and secure. Ensuring this is a constitutional and moral obligation of the State, with the Judiciary bearing a central responsibility.
Through our monitoring of court proceedings and visits to courthouses from Banjul to Basse, EFSCRJ has observed serious delays in the handling of cases, as well as widespread infrastructural and operational deficiencies. Many courtrooms lack adequate equipment, basic facilities, and a conducive environment for the effective administration of justice. Courtrooms are often too small, poorly ventilated, inadequately lit, without public address systems, and furnished with bare benches. Digitalization remains either absent or limited to a few courtrooms. In addition, the shortage of judicial officers continues to place undue strain on the system.
These challenges negatively affect the efficiency of judges and magistrates, contribute to frequent adjournments, compromise the quality and timeliness of judgments, and ultimately undermine access to justice, the protection of human rights, and respect for the rule of law.
EFSCRJ has also received numerous reports from citizens regarding barriers to justice arising from the cost and quality of legal representation. Individuals have reported prohibitively expensive legal fees, cases not being diligently handled by their lawyers, and unnecessary delays caused by lack of or limited cooperation from legal counsel despite having paid for representation. These challenges further compound delays within the justice system and frustrate the constitutional right to a fair and timely hearing.
In this regard, we urge the Gambia Bar Association to give due consideration to issues of legal fees, professional conduct, and accountability within its ranks, with a view to enhancing access to justice in an affordable, efficient, and ethical manner. At the same time, EFSCRJ commends members of the legal profession who have consistently undertaken public interest pro bono work and cases that advance the protection of human rights, transparency, accountability, and the promotion of the rule of law. Their service reflects the highest ideals of the legal profession and deserves recognition and support.
The Judiciary is not merely an adjudicatory organ of the State. Within its constitutional mandate, it is a cornerstone of good governance and peacebuilding, central to the maintenance of law and order and the preservation of a civilized society. Without effective, impartial, and timely justice, citizens may be driven to take the law into their own hands, fostering instability and a dangerous culture of survival of the fittest.
As the Judiciary and the Government mark another Legal Year, EF Small Centre reminds both institutions of their constitutional obligations in the delivery of justice. In particular, we recall Section 120(4) of the Constitution, which provides that:
“The Government and all departments and agencies of the Government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness.”
EFSCRJ continues to receive complaints from citizens regarding prolonged remand periods, perceptions of unfair or poorly reasoned judgments, and persistent challenges in the enforcement of court decisions. There are multiple court decisions which the Gambia Police Force and other State agencies have failed to enforce as demand by the courts. Such action tantamount to interference with the independence of the Judiciary and undermining the rule of law. Effective and impartial justice delivery lies at the intersection of the Judiciary, the Attorney General and Ministry of Justice, the Inspector General of Police, and the legal profession represented by the Gambia Bar Association.
We therefore call on all these institutions to move beyond ceremonial celebrations and demonstrate greater professionalism, urgency, and commitment to building a justice system that is robust, accessible, affordable, and effective. Gambians and the cause of justice cannot afford the current slow pace of judicial reforms.
EFSCRJ further urges the President to work closely with the National Assembly to allocate adequate resources toward the development of judicial infrastructure, tools, personnel, and processes necessary for effective justice delivery. While efforts are being made to improve the salaries, allowances, pensions, and benefits of judicial officers, comparable investments must be made in equipping courthouses, improving facilities, and providing the enabling tools required for efficient service delivery.
Finally, EFSCRJ extends its best wishes to the legal community for a fruitful Legal Year 2026, marked not only by celebration but by measurable progress in access to justice, judicial efficiency, professionalism within the justice sector, and the protection of human rights.
2026 – The Year of Empowerment.
