The Attorney General’s Chambers has asked the Supreme Court to recuse four justices, including Chief Justice Edrissa M.O. Faal, from hearing a constitutional challenge to his appointment.

The case was brought by the Gambia Bar Association through its trustees Neneh M.C. Cham, Abdoulie Fatty and Nyima Samateh against the Attorney General and Chief Justice Faal.

The Bar argues that Faal does not meet the qualifications for Chief Justice under Section 139 of the 1997 Constitution and is asking the court to declare his appointment unconstitutional and null and void.

Principal State Counsel Patrick Gomez is seeking the recusal of Faal, Justices Cherno S. Jallow, Omar M.M. Njie and Awa Bah on separate grounds.

The state says Faal should not hear a case challenging his own appointment. It argues that Jallow’s seniority means he could potentially benefit if Faal’s appointment is set aside, while Njie’s participation in Judicial Service Commission meetings where Faal’s appointment was considered creates a potential conflict.

The state also cites Bah’s appointment to the ECOWAS Community Court of Justice and her expected assumption of duties in October as a ground for recusal.

The Bar does not oppose Faal’s recusal. It acknowledges Njie’s participation in the JSC process but disputes the state’s legal argument arising from it.

The Bar opposes the recusal of Jallow and Bah, arguing that Jallow’s seniority does not mean he would automatically become Chief Justice and that Bah’s ECOWAS appointment does not establish a personal or financial interest, bias or other conflict.

The Bar has also challenged the state’s request to determine the composition of a replacement panel in advance, arguing that no panel or hearing date has been fixed and no quorum issue has arisen.

The state has separately challenged the Bar’s standing to bring the case and the justiciability of the reliefs sought. The Bar has requested an accelerated hearing, which the state opposes.

The Supreme Court has yet to rule on the recusal applications and other preliminary objections.