Judges Must Not Be Susceptible To Corruption Or Improper Influence, Making Their Salaries Highly Attractive Will Promote Judicial Independence- Mai Fatty

Mai Ahmad Fatty, Party Leader Gambia Moral Congress

Good morning, Gambia!

On the Judicial Officers (Remuneration And Other Entitlements) Bill, there is some legitimate public concern largely created by three reasons:

1. The matter has been grossly politicized out of context.
2. Misappreciation of the raison d’etre of the Bill by most critics.
3. Lack of effective public sensitisation and ineffectual public engagement, including civil society participation on the rationale of the Bill, from drafting to tabling before parliament. Such a highly controversial and unpopular Bill needs necessary public support engagement to educate the public on its imperative.

Let me clearly state my personal position and I admit it may be unpopular and against the grain. The fact that a strong segment of society may oppose a Bill does not ipso facto render that Bill improper. The fact that it may be potentially politically unwise to support a Bill that may be highly resisted by the public does not ipso facto justify its opposition. I speak based on my conviction without pandering to the gallery or populism.

Unlike the other two arms of government, the Judiciary is best placed within the scheme of governance as the last bastion of hope for the citizen, the ultimate frontier of offense in defense of the sovereignty of the ordinary person. It should be the alfa and the omega in the battle for propriety for all, weak or strong, poor or rich. It can majestically strike down a law passed by parliament and it did so a few times; and can also subject the Executive meek on its knees. For instance it did so in the Ya Kumba Jaiteh case and others. Not everyone will be uniformly pleased with all of the Judgments and Decisions of our courts. Opinions vary as much as the colours of our different political parties. It’s mostly from the prisms of partisanship.

The people, through the Republic, have rightfully granted such awesome powers to the Judiciary to assure the supremacy of our sovereignty, its laws and institutions. It can bring down the high and mighty and cut them to size in the exercise of powers in the extraordinary command and solemn authority of the Republic, in favour of the poor and powerless.

Such an onerous responsibility demands character and fortitude. It requires freedom from need and influence or potential influence that may compromise the invocation and exercise of such enormous powers.

1. This is not unique to The Gambia alone. Most commonwealth countries including Ghana, Nigeria and Sierra Leone in our own Region have similar salary packages and other entitlements for Judges. For instance, barely two months ago, Nigerian government reportedly increased the salaries and benefits for Judges by 800% (eight hundred percent). Both the Nigerian House of Reps and Senate overwhelmingly supported the Bill. In the United States, under Rule of 80 which is governed by provisions of 28 U.S.C. ss371, at age 65, a judge could retire on his or her current salary, and do not pay taxes for social security and medicare. Similar provision exist in many other jurisdictions around the world. July 2023, Ghana government substantially increased the salaries and benefits of the Judiciary exclusively, with strong muliti-party support from their parliament. In Malawi, the discussion centred on increasing Judges’ salary from almost $3000 to over $15,000 per month but government temporarily settled for 22% salary hike and negotiations are still ongoing.
2. Judges must not be susceptible to corruption or improper influence. Making their salaries highly attractive will promote judicial independence and facilitate robust dispensation of justice and the rule of law. In the public intetest Judges should not be conditioned to worry about meeting the basic necessities to avert potentially placing them in compromising situations. No one should be so conditioned in the public service but the relative calamitous impact of a potentially corrupt and compromised judiciary far outweighs other considerations.
3. By the very nature of their exclusively unique status, in relation to the complex and sensitive task and challenges judges confront daily, they must not be conditioned or be saddled with the potential financial burdens of post retirement.
4. Implicit in the concept of judicial independence is the compelling notion of satisfactory financial remuneration and compensation for Judges. It is also implicit that such consideration can be made and implemented independent of simiar consideration for other public sector employees.

Why did it succeed in places like Nigeria and elsewhere? Because they took the public along with them. In some of these jurisdictions, public hearings were conducted by parliament and compelling position papers were presented. There was adequate public sensitisation and the process was absolutely depoliticised. This is what should have preceded in The Gambia before tabling the Bill.

Mai Ahmad Fatty