By Amin Kef Sesay
In a letter dated 17th August 2021, written by the Executive Director of Legal Link, Barrister Rashid Dumbuya Lawyer and addressed to the Chief Justice and Chairman of the Council of Legal Education, he raised the issue of worrying concerns over a Bill entitled, “The Council of Legal Education Amendment Act 2021” and the continued imposition of illegal entrance requirements at the Sierra Leone Law School.
He furthered that the Christian Lawyers Centre referred to as LEGAL LINK has received a number of complaints from legal practitioners, law students, law graduates and members of the general public over a proposed Bill widely circulated on social media, purporting to introduce two new law schools as well as the continued illegal imposition of entrance requirements on law graduates applying at the Sierra Leone Law School that is not supported by law.
Before delving into the facts and merits of the complaints, Barrister Rashid seized the opportunity to openly commend the leadership of the Chief Justice over the plethora of reforms and innovations currently being introduced within the Judiciary of the Republic Sierra Leone.
“We note in particular the separation of the inferior courts from the Superior Courts of Judicature, the infrastructural facelift, establishment of specialized courts, beautification of the court environment, restoration of sanity around the precincts of the courts, employment of more magistrates, judges and staff as well as improving access to justice in remote areas of the country,” he stated adding that while the task of reforming the judiciary may still be far from being accomplished, he is ,however, bold to say that those key reforms introduced are not only timely but are certainly making significant impacts within the justice system in the republic of Sierra Leone.
He said he wants to urgently bring to his attention the twin issues mentioned above for the kind intervention of the Council of Legal Education.
Barrister Rashid Dumbuya Lawyer pointed out that by virtue of the Council of Legal Education Act 1989, the Council of Legal Education serves as the highest decision-making organ of the Sierra Leone Law School saying it is against such a backdrop that they have considered it fit and appropriate to address those concerns for the attention of Council.
He maintained that regarding the issue of the proposed draft bill that has been widely circulated on social media, they note how the Bill seeks to amend the Council of Legal Education Act 1989 to provide, amongst other things, for “representation of Njala University and the University of Makeni in the Council of Legal Education, and to provide for the establishment of Njala University Law School and the University of Makeni Law School”.
Barrister Rashid Dumbuya Lawyer said as an organization that promotes human rights, the rule of law, accountability and due process in Sierra Leone, they are motivated to ask some fundamental questions:
Was this proposed Bill an endorsement of the Council of Legal Education? To what extent was the legal community in Sierra Leone consulted before the drafting and circulation of the proposed Bill? What is the true rationale and compelling justification for proposing such a Bill that seeks to regionalize Law schools in the country?
He continued by stating that the arguments of LEGAL LINK against the proposed bill are premised on the above rhetorical questions.
Barrister Rashid Dumbuya Lawyer argued that first they are strongly of the opinion that such a Bill was never an endorsement of the Council of Legal Education in the first place. He noted that the governing and highest decision-making body of the Sierra Leone Law school is Council adding that without the expressed approval of that Bill by that Council, it will be a travesty to proceed with such amendment to say the least.
Secondly, it is now clear as crystal, he said, that the legal community was never consulted over this proposed Bill that is to be enacted as the Public Notice of the Sierra Leone Bar Association dated 16th August 2021 clearly revealed that.
According to him such a nocturnal act in itself underscores the insincerity and unaccountability surrounding the proposed Bill.
He said they submit that members of the Sierra Leone Bar Association have a moral and legal justification to be consulted on such an issue which has to do particularly with their profession and survival.
“It is inconceivable and preposterous therefore to learn that they were left out on such an important matter,” he lamented adding how the Bill must therefore be strongly resisted and disdained in our society.
He continued that thirdly and most important of all, they are of the strongest conviction that creating new law schools in the South and the North of the country will inadvertently embolden regional and ethnocentric tensions in the legal profession in Sierra Leone.
Barrister Rashid said the Chief Justice will certainly agree with them that regionalism and ethnic divide have been major factors responsible for the backwardness of the nation.
“We don’t want such to be institutionalized in the legal profession and continue to fester in the future unabated,” he stated furthering how it is highly likely that if the South and North are allowed to have distinct law schools, the East and North-West will also be justified to call for theirs in the future. He said that situation will certainly not be good for the noble legal profession in the country!
He said it is important to further emphasize that Sierra Leone is not a federal State but a unitary one and it is for good reasons why Parliament passed the 1989 Council of Legal Education Act to create for a unified SIERRA LEONE LAW SCHOOL.
He argues that amongst other things, it wanted to suppress regionalization, parochial and ethnocentric institutionalization within the Legal profession in Sierra Leone noting that usually, the creation of plurality of law schools is more akin to federal systems of Government than unitary ones.
“In place of this draconian bill, we strongly recommend to the Council of Legal Education for either an introduction of new Sierra Leone Law school campuses in the provinces where practicable; or embark on a two shift system at the Sierra Leone Law School in Freetown so as to cater for the growing number of law students graduating every year from within and outside of Sierra Leone applying into the Sierra Leone Law school,” he recommended.
He said that step, they strongly believe, would be a more measured response in relation to addressing the influx problem at the Sierra Leone Law School rather than creating new Law schools in the provinces, further entrenching regional stereotypes.
The Executive Director of Legal Link said in another development, they noted also that the Sierra Leone Law School has introduced new additional subject requirements to form part of its entrance requirements into the Sierra Leone Law School.
Listing the additional subject requirements he mentioned Equity & Trusts, Law of Contract, Law of Tort, Criminal Law, Constitutional Law and Land Law.
He disclosed that for a student to now be admitted, he or she must be a holder of at least a third-class honours degree in law from a recognized university approved by the Council of Legal Education and must have passed the above additional subjects.
Strikingly, he said, a cursory look at the Council of Legal Education Act 1989 which governs the Law school reveals that no subject requirement is provided for admission into the Sierra Leone Law School.
Barrister Rashid said the question that comes to mind is: Why should Sierra Leone Law School amend the Council of Legal Education Act without reference to Parliament? Why should new subject requirements be added without Parliamentary approval? Why should the administrators of the Law School continue to deprive students from access to legal education using illegally imposed requirements?
He maintained that rightly so, the administration of the Sierra Leone Law School tried twice to seek an amendment of the Council of Legal Education Act 1989 through Statutory Instruments for additional subject requirements to be approved by Parliament but that proved unsuccessful as Parliament refused such statutory instruments for want of procedure and irregularities.
“With the two attempts to amend the law proving unsuccessful, the administration of Law School decided to now take the law into their own hands by going ahead with the implementation of the additional subject requirements notwithstanding,” he revealed adding how such a behaviour is clearly unacceptable in a democratic society that prides on the rule of law and due process.
He stated that it is Parliament that has the sole responsibility to amend the laws of the land as they were the maker of such laws in the first place.
But in this exceptional instance, he argues, it may appear as though the administrators of the Sierra Leone Law School have transformed themselves into a law making entity, usurping the authority of Parliament.
“We therefore call on your urgent intervention to stop this Parliamentary usurpation and ensure that a statutory instrument be laid correctly by the Council before Parliament seeking the approval of the additional subject requirements to form part of the admission requirements into the Sierra Leone Law School,” he appealed.
He said continued denial of students right to access legal education by the administrators of the Sierra Leone Law School through illegally imposed requirements that are not supported by law amounts to a blatant violation of the right to education as enshrined under many of the international and regional treaties that Sierra Leone has Signed and ratified.
