Former Navy Chief Rear Admiral Fofana
By Demba Baldeh
Barely one year after his surprised appointment as Chief Justice of the Gambia, Pakistani born Chief Justice Eli Nawaz Chowha has been abruptly fired by the country’s erratic dictator and asked to leave the country within 72 hours. The news of the Chief Justice’s firing came few days after a former Navy Chief Admiral Sarjo Fofana was acquitted and freed from earlier conviction and sentence of 20 years for allegedly participating in the 2009 failed coup.
The five-member panel of judges of the Supreme Court of The Gambia headed by the Chief Justice in an appeal hearing overturned the conviction of former Navy chief Rear Admiral Sarjo Fofana, following a judgment delivered on the appeal he filed before the court. The Judges also overturned the conviction of the infamous former Defense Chief LangTombong Tamba on two of the most serious counts 1 & 2 which were treasonable charges. He was sentence to 60 years in jail. However, the panel of judges upheld count 3 & 4 sentences where were 10 years in prison on count three, concealment of treason, and another 10 years in prison on count four, which was treason. Mr. Tamba remain in Jail while Mr. Fofana was released to rejoin his family.
However, as has been customary of the Gambian President and his executives interference with judicial cases, the President who was returning from an embarrassing annual meet the farmers’ tour was reportedly very angry at the five panel judges on how they handled the appeal cases. The President who has openly shown intolerance for independence of the judiciary immediately fired the distinguished legal scholar from Pakistan who has served in high level judicial positions both at the ICC in Hague and his native country Pakistan.
Justice Chowha’s appointment to the most unstable highest judicial position since Yahya Jammeh took power in 1994 was a surprised to many Gambians and close political observers who are familiar with Yahya Jammeh’s dictatorial tendencies. Justice Eli Chowha was for some reason was either blinded or in denial that the environment in the Gambia was not conducive for legal minds who wants to assert their independence. At his swearing in ceremony in March 2014, Justice Chowha was quoted as saying “I was particularly impressed with human rights issues, the co-existence of fellow human beings, respect for religion that was extremely great, the faculty of the soul from which close actions lead to the sustenance of the system on which human civilization rests.” He went on to add that the Gambian constitution was a “wonderful document which I have read”. He described some exerts of the constitution as “extraordinary and unique’ articles 214 of the constitution, on democracy, peace, prosperity and justice as well as 199, which creates a civic education body to indoctrinate people with the ideals and goals of the country’s sacred scripture”.
To the credit of the Chief Justice, since he took over the position there have been noticeable judicial acquittals which resembles an attempt on a badly battered system to regain some dignity and independence in dispensing justice. Several high profile cases could be cited as overturned during his tenure. Few examples of cases that were noticeable were the acquittal of former secretary of State Mamburay Njie (Though he continues to be help after being rearrested upon his acquittal). In an article authored by Gainako’s associate editor title Mamburay Njie and Others’ Acquittals reason for optimism or false alarm” in October 2014, we pointed out series of cases that were dismissed or acquitted by the courts. Few of the cases were UDP Militant Solo Sandeng, Foroyaa Messenger Bai Mass, Ombushman Alhagie Sowe, former deputy news editor of the Daily Observer Alhagie Jobe along with Mbye Bittaye, journalists Sainey MK Marena and Musa Sherif proprietor of the Voice Newspaper and several other cases. Thus, what could be called a trend was emerging that the Judiciary were looking at cases from a more independent perspective. It is however, evident that Yahya Jammeh is an absolute dictator who wants every case ruled in his favor whether it is political or civil.
In light of the experience of the dismissed Chief Justice, one could reasonably argue that he might have been leaning towards asserting the Judiciary’s operations from executive interference. Others would argue that the Pakistani Justice who has served in Hague and as a legal adviser to former Pakistani President, he should have known better and understand that dictators cannot be swayed from their patterns and agenda of absolute control. It is however, indicting for Jammeh to once again act erratic and fire the high profile Pakistani judge. For all we know Mr. Chowdha could end up back to ICC in Hague where Gambia’s brutal dictator’s fate could be one day decided. So Mr. Jammeh once again has done it to the vindications of his opponents. It is likely that more heads will roll from that panel of five judges who presided over LangTombong and Admiral Fofana’s case. Yahya Jammeh will do anything and everything to assert his absolute power which after all is not absolute.
In the meantime, Mr. Eli Nawaz Chowhan is celebrated international legal practitioner with over three decades of experience. He previously served in various international functions as judge including the International Criminal Court for Former Yugoslavia cases. He was elected by the UN General Assembly at the time to serve as a judge at The Hague in 2006. He was also a Legal adviser to the president of Pakistan on International Law and Administration. He has served in the Appeal Court of Pakistan. Chowhan was also a visiting Professor who did his legal training from Columbia Law School. He is a trained Professor in Sharia from Saudi Arabia. Mr. Chowhan’s fate hangs in suspense for now..
In a related news Justice Fangbele has been appointed acting Chief Justice and Justice Edrissa Mbai who was removed last week has been reinstated. Gainako will continue to monitor developments in Banjul and will bring you the latest updates.