Multiple Cases Adjourned at Banjul High Court Over Absences and Interpreter Dispute

Lady Justice © Askanwi

By Fatoumata Jaiteh,

On Wednesday, 4th February 2025, Askanwi’s court reporter travelled to the Banjul High Court to cover the continuation of a court proceeding that was adjourned together with three other court cases adjourned due to an interpreter refusing to take the oath.

The court proceeding our reporter aimed to cover was the GACH theft case involving prominent businessman Abubacarr Jawara, who sued former employer Khadijajatou Kebbeh and former managing director of Gam Petroleum Saihou Drammeh over alleged fraud and theft of over D58 million from fuel transactions. The matter had previously been adjourned to the 4th and was scheduled to be heard under the jurisdiction of Justice Ebrima Jaiteh.

However, upon arrival at the court, our reporter was informed by the judge’s clerk that the case had once again been rescheduled until the presiding judge is back in town. The clerk explained that Justice Jaiteh and other court officials were out of the country in Dakar and that his court would not be sitting for the entire week.

After being left with no case to report on, our court reporter proceeded to observe other court proceedings to report on before returning home. Attending Justice Coker’s courtroom, which is the same courtroom the Supreme Court holds its proceedings in. Similarly, her court proceedings were adjourned, underlining a pattern in the high court.

Our reporter found that at least three court proceedings were disrupted because of the lack of a qualified court interpreter. The court proceedings were initially delayed when the interpreter who had reported for duty refused to either swear an oath or make an affirmation before the commencement of proceedings, as required by court procedure. When prompted by the presiding judge, the interpreter maintained his refusal, insisting that he would not comply with either option.

In response, the judge ordered the interpreter to leave the courtroom if he was unwilling to meet the requirement. Following his exit, no replacement interpreter was made available for the remainder of the court session. As a result, all three cases were adjourned, as the parties involved depended on interpretation services to meaningfully participate in the proceedings.

In one of the affected cases, counsel for the accused expressed visible frustration, noting that it was the fourth time her client had appeared before the court only for the matter to be adjourned due to circumstances beyond her control. The accused, a woman, appeared visibly distressed, standing silently and staring blankly as the adjournment was announced. Court observers noted her exhaustion and emotional strain, suggesting that the repeated delays were taking a significant toll on her well-being.

Addressing the court, the presiding judge explained that there was little she could do in the absence of an interpreter. She stressed that proceeding without one would amount to a violation of due process, as all parties have the right to fully understand the proceedings and to be understood by the court. Without proper interpretation, the cases could not lawfully continue.

Repeated adjournments such as those witnessed at the Banjul High Court on 4th February 2025 directly contribute to the growing backlog of cases within the judiciary.