The Gambia’s Constitution of 1996 with Amendments through 2004

Judicial Independence

 
Article 24. Provision to secure protection of the law and fair play 1. Any court or other adjudicating authority established by law for the determination of any criminal trial or matter, or for the determination of the existence or extent of any civil right or obligation, shall be independent and impartial; and […].
 
Article 120. 3. 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.
 

Judicial Council or Parallel Institution

 
Article 146. 1. The power to appoint persons to hold or act in any office to which this subsection applies shall vest in the Judicial Service Commission. Provided that the Commission may, with the approval of the Chief Justice and subject to any conditions as it may think fit, delegate the powers referred to in this subsection to any judge or to the holder of any office to which this subsection applies. 2. Subsection (1) applies to the offices of a. Master, Registrar and Assistant Registrar of a superior court; b. The office of magistrate; c. The office of a member of any subordinate court; and d. Such other offices of a member of any court as may be prescribed by an Act of the National Assembly. The appointment of other officers and staff of the courts shall be made by the Chief Justice or such, other judge or officer of the court as the Chief Justice after consultation with the Judicial Service Commission may direct.
 

Attorney General’s Office

 
Article 85. 1. The Director of Public Prosecutions shall have power in any case in which he or she considers it desirable to do so, and subject to the approval of the Attorney General: a. to initiate and undertake criminal proceedings against any person before any court for an offence against the law of The Gambia b. to take over and continue any criminal proceeding that has been instituted by any other person or authority; c. to discontinue, at any stage before judgement is delivered, any criminal proceeding instituted or undertaken by himself or herself or any other person or authority.