Magistrates and judges are the pillars of a judicial system. They must be free from intimidation or inducement to enable them to be independent and impartial in rendering justice.
The Constitution is very clear. It categorically states under Section 120 Subsection (2) that, “The judicial power of The Gambia is vested in the courts and shall be exercised by them according to their respective jurisdictions conferred on them by law.” It is trite law that one cannot deliver unalloyed justice without considering jurisdictions.
Subsection (3) of Section 120 adds,
“In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this Constitution and the law, and, save as provided in this Chapter, shall not be subject to the control or direction of any other person or authority.”
Here it is clear that Magistrates and Judges cannot deliver unalloyed justice without being Independent.
Section123 provides that Magistrates and Judges who deliver judgment in good faith have the immunity they deserve to be impartial in delivering justice. It reads:
“A judge or other person exercising judicial power shall not be liable to any action or suit for any act or omission by him or her in good faith in the exercise of his or her judicial function.”
Hence, any person or authority who is dissatisfied with a judgment should appeal to higher judicial authority.
