IN RESPONSE TO CHIEF JUSTICE AGIM:

IN RESPONSE TO CHIEF JUSTICE AGIM’S FAREWELL COMMENTS:

http://www.freedomnewspaper.com/Homepage/tabid/36/mid/367/newsid367/8166/CJ-AGIM-DROPS-HIS-LAST-BOMBSHELL/Default.aspx

KAYJATTA

The Gambia’s outgoing Chief Justice Agim must be commended for coming forward to address what he called adverse allegations made by his critics that were expunged in the front page interview with the pro-government Daily Observer. Please see the Freedom link above. Chief Justice Agim said that “for not wanting to embarrass me, the editors decided to omit certain issues raised during the interview in their publication”. The Chief Justice further claimed that he is compelled to address these serious allegations lest his “critics and detractors … believe that the interview was doctored in his favor”.

The great Nigerian geographer, Reuben K. Udo, in his book ‘Human Geography of Africa’ made an analogy of Mozambique’s migrant workers to Apartheid South Africa as (human) cash crops. I understand that the Nigerian judges in the Gambian courts may not totally fit Udo’s description of human cash crops, but they are often viewed by the Gambian population as “mercenary judges” whose primary interest is their salaries rather than the rule of law.

Chief Justice Agim said he has been “unfairly labeled as fraudulent, corrupt, manipulative, a bully and sadist, an adulterer, and a practitioner of voodoo” during his twelve years of service in the Gambia.

Now the problem with Agim’s comments on these allegations is that he has disastrously failed to exonerate himself from these serious allegations.

Firstly, Agim said that he in the past refused to dignify these accusations by ignoring them, but now feels that he needs to address them. My question is that WHY THEN DIGNIFY THEM NOW Mr. Agim? If Chief Justice Agim was really interested in addressing these issues, why did he wait until the last minute after resigning his post and he is already outside the jurisdiction of the Gambia? If Agim is a truthful person who really cares about his own personal integrity, he would have confronted these allegations in a timely manner that would allow the establishment of the truth.

Secondly, in the allegation of adulterous womanizing, Agim did not put up any rebuttal. Instead he only demanded that his critics provide the prove with regards to a particular incident where a security agent confronted him and his mistress on a private property. Well this kind of argument may work in the court of law, but certainly not in the court of public opinion. Agim further admitted that this conduct of womanizing is common among men. I guess this means that the allegation is correct. This may not be a problem for a private citizen, but for a man of Justice Agim’s standing (a Chief Officer of the court) who is required by legal ethics to be of exemplary character, it is a huge problem.

Thirdly, in the case of fraud and corruption, Agim again offered no rebuttal. Instead he built his case around the claim that no adverse finding were made against him by the Gambia government or the British High Commission. Agim knows, I am sure, that fraud and corruption in the judiciary would not be limited to the particular funds he was talking about. He also knows that in the world in which he chose to work, the ‘big fishes’ like him were hardly caught especially if they remain useful to the government.

Fourthly, in the allegations of fetishism and jujuism (lets properly call it voodoo or witchcraft), Agim actually admitted to this one, saying that he came to the Gambia “already fortified” in witchcraft. This to me is very damning. A Chief Justice so steeped in a medieval terrain of mindset is nothing short of a disgrace to the 21^st Century Gambian.

Fifthly, on the allegations of bully and manipulator, Justice Agim appears to reveal his complete ignorance of how government and the judicial branch are supposed to function. Agim needs to understand that perhaps the only difference between the Chief Justice and the other justices is purely administrative. He has no moral or legal authority to coerce other justices to compromise their independent legal opinion. To say that as Chief Justice he had to fire or punish judges who undermine him or the state is totally ridiculous.

Since Agim lacked the courage and the will to defend his and the Court’s integrity against these serious allegations while he was still in office, he should be wise enough to remain quiet forever.