Afrobarometer Survey: Diagnosis Judiciary as untrustworthy, unfair, and ineffective

The recent Afrobarometer Survey revealed that majority of Gambians lack confidence in the judicial system.

The survey further highlighted that the judicial system is marred by corruption malfeasance, unfair and ineffective.

Perceived corruption in the courts

According to the survey Gambians overwhelmingly (86%) say there is at least “some” corruption among judges and
magistrates, including 43% who say that “most” or “all” of them are corrupt.
6% believe that “none” of the country’s judges and magistrates are involved in corruption.
Perceptions of widespread graft in the judiciary are fairly consistent across key demographic.

Limited Access to courts and legal services

Responses to Afrobarometer’s battery of questions about the judicial system shed some light on why a substantial proportion of Gambians lack confidence in their ability to obtain justice in the courts. More than half say that if they had a case that needed to go to court, it’s “not very likely” or “not at all likely” that it would be resolved fairly (54%) or within a reasonable time.

And almost two-thirds (64%) doubt that they could afford to pursue such a case in court.
Confidence in the court system to resolve legal issues in a timely and fair manner shows
considerable variation across especially by respondents’ level of education and economic well-being expectations of a fair resolution are far higher among citizens with post-secondary education (52%) than among those with less schooling (35%-38%).

And well-off citizens are three times as likely to express confidence in a fair resolution than the poorest respondents (50% vs. 17%).
Men and urban residents also express somewhat greater confidence in a fair outcome than women and rural residents.
As for confidence in a timely resolution, we again see the greatest gaps between the
poorest (19%) and the well-off (53%), along with above-average levels of optimism among
those with tertiary education, urban residents, and men.

Conclusion

Survey findings suggest that access to justice is far from a reality in the Gambia. Citizens’
assessments point to a lengthy list of challenges for the country’s legal system, which many regard as untrustworthy, unfair, unaffordable, and unlikely to deliver justice in a timely manner.

A majority of Gambians are of the opinion that the justice system is undermined by corruption and inefficiency. Only a minority think judges and magistrates usually put the law above the influence of powerful people. And most Gambians, if confronted with a legal
problem, would likely look for resolution outside the formal justice system.

Publish [13:50, 04/03/2025]