By Nelson Manneh
Afrobarometer’s Round 10 survey has exposed deep-rooted skepticism surrounding the Gambia’s courts, with many citizens viewing them as untrustworthy, unfair, and ineffective in providing justice.
Following the electoral defeat of former President Yahya Jammeh in 2016 and the inauguration of President Adama Barrow, the Gambia embarked on a comprehensive reform agenda. This included constitutional amendments, security sector overhaul, and institutional reforms designed to address decades of human rights violations and transform state governance.
The reforms seek to establish a democratic foundation with improved transparency, better service delivery, and stronger accountability across public institutions. Yet, according to Afrobarometer, one institution still grappling with the full weight of public skepticism is the judiciary.
“Despite years of democratic transition and institutional reforms, the Gambia’s judiciary continues to face significant obstacles in delivering justice services that are not only efficient and timely, but also perceived as fair and transparent by citizens, regardless of their political connections, social status, or wealth,” the survey revealed.
Although the government, judiciary, and international partners have launched initiatives aimed at improving the judicial system and restoring public confidence, the survey results paint a bleak picture.
Solicitor General Hussain Thomas of the Ministry of Justice has emphasized the importance of trust, stating, “We’re working to build a system where every Gambian can have confidence that their rights will be protected and that the law will be applied fairly, regardless of who they are.”
Nonetheless, the survey findings suggest that trust in the courts remains dismally low, with fewer than half of Gambians trust the judiciary, and many are doubtful about their ability to afford legal action or even receive justice in the court system. In addition, widespread perceptions of inequality and corruption persist, with respondents claiming that powerful individuals who break the law frequently go unpunished.
The survey’s findings further underscore the alarming sense of inequality within the legal system, with many Gambians asserting that people are treated unequally under the law. The powerful, they believe, escape the consequences of their actions, further fueling distrust in the judiciary.
“These institutions are still viewed by many as riddled with corruption, lacking transparency, and failing to deliver basic services effectively,” the survey concluded. “Addressing these deep-seated issues is crucial for ensuring the Gambia’s democratic gains and the success of ongoing reform efforts.”
Three in 10 citizens (31%) say they would turn to the police to resolve a legal problem, while others would look to elders or traditional leaders or courts (20%), family members (16%), or religious leaders (6%), according to the survey.
Only 2% say they would go to a lawyer or a local court.
Fewer than half (46%) of survey respondents say they trust the courts “somewhat” or “a lot.”
It adds that more than four in 10 citizens (43%) say that “most” or “all” judges and magistrates are corrupt.
“A majority (56%) of Gambians say that people are “often” or “always” treated unequally under the law. Six in 10 (59%) say officials who break the law frequently go unpunished,” it says.
“Almost half (48%) of respondents say that judges and magistrates “often” or “always” decide cases based on the influence of powerful people, rather than based on the law.
“An overwhelming proportion (80%) of Gambians say the death penalty is a fair punishment for the most serious crimes.”
As the Gambia continues to navigate its post-Jammeh transition, restoring trust in the judiciary and ensuring equal access to justice for all remain a critical challenge for President Barrow’s administration. The findings from Afrobarometer’s survey illustrate that without addressing these significant concerns, the road towards judicial reform may remain a bumpy one.
