Following the appointment of veteran US-based Gambian lawyer, Mr Edi M.O. Faal, as the new Chief Justice of The Gambia, replacing Hassan B. Jallow, who retired after serving the country from 2017 to July 2026, a debate has emerged over the pension payments for retired chief justices.
Many argued that the new Chief Justice should not be granted lifetime retirement benefits, citing his expected short tenure. Based on his age, Mr Faal is expected to serve for approximately two to three years before reaching the constitutionally mandated retirement age of 70.
Against the backdrop of this ongoing public debate, DUBAWA conducted a thorough analysis to determine who is eligible for retirement benefits and what the Constitution says on the matter.
Seasoned Gambian lawyer and politician Lamin J. Darboe has also shared his views on the debate in an interview with Kerr Fatou Media.
The Gambia Bar Association has objected to Mr Faal’s appointment and has filed a case in the Supreme Court challenging it. The Association argues that Mr Faal’s appointment is unconstitutional and is seeking further declarations from the Court.
Under the 1997 Constitution of The Gambia (Sections 139, 141, and 142) and the Judicial Officers (Remuneration and Other Entitlements) framework, judicial pensions do not operate like standard civil service pensions. Eligibility is strictly governed by constitutional provisions, age, and years of service on the Superior Courts bench.
Valid Constitutional Appointment
Before any entitlement to pension benefits can accrue, an individual must have been lawfully appointed under Section 139 of the Constitution.
Legal Principle
A pension is a benefit arising from the lawful holding of a public office. If a court determines that an appointment is unconstitutional or void ab initio (invalid from the outset), the appointee has no legal claim to judicial pension entitlements or to the security of tenure protections attached to the office.
This principle is directly relevant to the current dispute because the Gambia Bar Association’s challenge before the Supreme Court argues that Mr Faal’s appointment is unconstitutional. A ruling in the Association’s favour would mean that Mr Faal accrues no pension entitlement at all, regardless of how long he ultimately serves.
Age Thresholds
Optional Retirement (Age 65): A Chief Justice or Superior Court judge may voluntarily retire and receive a pension after reaching the age of 65.
Mandatory Retirement (Age 70): A Chief Justice must vacate office upon reaching the mandatory retirement age of 70.
Length of Service on the Superior Court Bench
The amount of pension benefits is directly tied to the total number of years served as a judge on the Superior Courts bench (High Court, Court of Appeal, or Supreme Court).
Full Salary Pension (10 or More Years of Service)
A Chief Justice who has accumulated 10 or more years of aggregate service on the Superior Courts bench by the time they reach retirement age is entitled to a full pension equivalent to 100% of their final active salary, together with a full retirement gratuity.
Below is a screenshot of the law on pension benefits
Pro-Rata Pension (5 to 9 Years of Service)
A Chief Justice who retires after serving between five and nine years is entitled to a reduced, prorated pension, calculated proportionately based on the exact number of years served on the Superior Courts bench.
Fewer Than 5 Years of Service
A Chief Justice who serves for fewer than five years is entitled to a standard terminal gratuity or a contractual gratuity (if appointed under a fixed-term contract), rather than a lifelong judicial pension.
The Retirement Process: How the Transition Works
The retirement of a Chief Justice is governed by constitutional safeguards designed to ensure a smooth administrative transition and protect judicial independence.
Attainment of Age 65 (Optional) or Age 70 (Mandatory)
▼
Official Notification & Transition Period
▼
Up to 6-Month Extension (Section 141(3) – Judgment Delivery Only
▼
Vacation of Office & Handover of Judicature
▼
Automated Monthly Pension Disbursement via Consolidated Fund
Notification and transition period
Upon reaching the optional retirement age of 65 or approaching the mandatory retirement age of 70, the Chief Justice submits official notice to the President and the Judicial Service Commission (JSC).
The six-month constitutional extension
Under Section 141(3) of the Constitution, a Chief Justice or judge who reaches the mandatory retirement age of 70 may remain in office for a maximum period of six months.
Scope
This extension is strictly limited to enabling the retiring Chief Justice or judge to deliver judgments or conclude proceedings that commenced before them prior to reaching the age of 70. It does not extend their administrative or executive powers as the head of the Judiciary.
Execution of benefits and handover
Once the transition period ends, the Judicial Secretary calculates the terminal gratuity and monthly pension structure based on the officer’s service record.
The Judicial Secretary then forwards these schedules to the Accountant General for processing and disbursement.
Below is a table showing financial and legal protections governing benefits.
Why Are Judicial Pensions Structured This Way?
The prohibition on retired judges returning to private legal practice is the primary reason the Gambian law guarantees a full salary pension.
Because former Chief Justices cannot earn a living by representing clients in court after retirement, the state provides a guaranteed, non-diminishing pension from the Consolidated Fund to preserve judicial integrity and prevent post-retirement financial vulnerability or conflicts of interest.