Harrison A. Tawiah Opinion 3 minutes read
The ultimate dream of every student of law is to be called to the Bar in record time, and be able to practice in that same Bar, if he/she chooses so to do.
Despite this truism, the situation appears different for Ghanaian and foreign students in The Gambia Law School (GLS).
Per the current dispensation, foreign students are free to seek legal education at The Gambia Law School and be called to the Bar in the Gambia; however, they are barred from practising law in The Gambia.
The Legal Practitioners Act, 2016, is the law that regulates legal practice in the Republic of The Gambia. Part IV of the aforementioned law bears the heading, “Admission and Enrolment to Practice”, and Section 15(1)(d) of the Act provides: “A person shall be eligible to apply for admission as a legal practitioner if he or she is a citizen of The Gambia” Thus, to practice in The Gambia means the lawyer must not just be called to the Gambia Bar but must be a citizen of The Gambia.
The Gambia
On Tuesday, January 21, 2025, I happened to be in The Gambia and had the opportunity to interact briefly with Ghanaian law students admitted into legal education in the Gambia Law School for the 2024/2025 academic year.
It is worrying to be informed that foreign students are free to be called to the Gambia Bar, but barred from practising in the same Bar they were called to.
The Director-General of the Gambia Law School, Mrs Rougie Thomasi, speaking to the statistics in a private meeting, made it clear that 300 Ghanaians bearing the requisite legal qualifications applied to be admitted into the professional law programme for the 2024/2025 academic year.
Out of this number, only 36 applicants were granted admission.
Considering the current class size, a total of 100 professional law students (36 being Ghanaians) are expected to be called to the Gambia Bar this year; a Bar from which they are statute-barred to practice.
The story of Ghanaians in the circumstance is more nuanced because within the sovereign State of The Gambia is an old settler town called Ghana Town.
A good number of Ghanaians are born and raised in this town who speak Twi, Ga and other Ghanaian dialects fluently, even though they have never been to Ghana.
It became evident from the interactions I had with the settlers that these young ones of Ghanaian descent and lineage, should they attend the GLS and be called to the Gambia Bar, would also be unable to practice in their country of birth, The Gambia.
This is because they are considered Ghanaians irrespective of the fact that they were born and bred in The Gambia.
Engagements
Bilateral engagements to seek an amendment to Section 15(1)(d) are paramount so as to allow Ghanaian and foreign students who study in GLS and are called to the Bar of The Gambia, the space to be able to practice within, if they so wish.
The General Legal Council of the Republic of The Gambia may consider a higher licensing threshold for foreigners who graduate from The GLS and would want to practice in The Gambia.
The Minister for Foreign Affairs may negotiate and secure concessions for Ghanaian citizens of Ghana Town who are called to the Gambia Bar to practice in The Gambia, if they so wish to do.
I humbly call on the ministry and all relevant bodies to collaborate and find lasting solutions to the matter brought to the fore in this write-up.
The writer is a student,
Ghana School of Law.
E-mail: [email protected]