For the first-time in Gambia’s history since independence, a new Bar Association been launched to operate side by side with the main Gambia Bar Association. The Gambia National Bar Association will officially elect its Executive Members on Saturday, according to the Coordinator of the new Bar Association Lawyer Lamin K Mboge. Mboge said the new Bar is not here to unseat the old Bar but to compliment its efforts in the administration of justice in the country. “ We don’t want to unseat them; in fact, that is not our aim; that is not our objective. We want to work together with them in pushing forward our agendas and we agree; in fact, we can have a joint session and make a joint presentation to the judiciary to the Executive; the National Assembly, and whatever we do, we want to partner with them; we know that we are doing it for the Gambia, and that is our country,” the Niamina Dankunku born legal luminary told Freedom Radio Gambia in an exclusive interview on Friday. “We felt the need to register a new Bar called The Gambia National Bar Association, for further express our freedom of expression and opinion and to assist our colleagues, who are young ones, that are coming up, but they have serious constraints into their practice; and, to assist the administration of justice on fair play and issues affecting our country at large,” he added. Below is part one of the Q and A interview we had with Lawyer Mboge. Please read on.
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Good evening Mr. Mboge. Mr. Mboge What is going on? We are made to understand that you guys have registered a new Bar Association in the Gambia? What is the Bar Association all about?
We felt the need to register a new Bar called The Gambia National Bar Association, for further express our freedom of expression and opinion and to assist our colleagues, who are young ones, that are coming up, but they have serious constraints into their practice; and, to assist the administration of justice on fair play and issues affecting our country at large.
So, it is correct to say that there are two Bar Associations in the Gambia?
Yes, there are two Bar Associations currently, but we may have another one, which is in the pipeline, but it is not yet ready, and I don’t want to disclose it, but it would be disclosed by itself when it is ready.
What triggered the setting up of the Gambia National Bar Association? What really triggered this?
This Bar was registered sometime in 2011, and due to the tight security situation and the suppression of the right of expression; freedom of opinion it was felt for a while until now that we have a democracy, where everybody is free to express himself or herself; and if we have issues affecting younger members of the Gambia Bar, I think that expression is not being fully developed and followed up by the existing Bar, we felt there is a need to register a new Bar; that should take up the challenges and the responsibilities.
Talking about the issues affecting the young lawyers, what are the issues you are talking about?
Previously, when you finished your LLB, and your BL, you go straight into practice, but there is a new Legal Practitioners Act, enforced, which requires pupilage, pupilage is like training; practical training, which we don’t opposed but the time limit, which is three years previously, which has been fought and brought down to two years and is still affecting the young ones; because we are not the only professionals; there are other professional bodies in the country, but as soon as you get your degree, it means you are qualified to practice your various field. But our younger ones are to go through pupilage; we are not against pupilage, but we are against the limitation; the time limit and they should be allowed to do their practice at the same time they are doing their training.
So, that is your bond of contention?
That is just one of them.
And what are the other issues that you have with the main Bar?
The other issues are that in other jurisdictions, we have an alternative platform for advancement of justice. We need unity in diversity in the sense that we are all united, but we have divergent views; and also we are partners in development; the socio economic advancement of our country; so that we can also actively participate in national issues affecting the judiciary; issues affecting the administration of justice in the country entirely; and we have other international bodies as well; we have the West African Bar, We have the African Bar, We have the international Bar; and we want to explore all these avenues for the Gambia to grow.
And who is the President of the newly set up Gambian National Bar Association? Who is the President of this Organization?
Well, I am the Coordinator and we are meeting; calling a general meeting tomorrow for elections; so, by tomorrow, we will be able to know the new Executive.
And how constitutional or how legal is this organization?
Wow on that one; that is interesting; ha, ha, ha. It is a registered organization with the Ministry, that is the government. The new Bar has given notice to the Chief Justice, who is the Head of the Judiciary; we have given notice to the Attorney General, who is the legal adviser to the government; we have given notice to the National Assembly and we have written to the Gambia Law school, and we should also do the same with the Faculty of Law at the University of the Gambia. And the primary purpose of establishing is to express our freedom of association, freedom of speech, and freedom of opinion, which is a constitutional right, and nobody can deny us that right.
Mr. Mboge, you have been into practice for so many years, have you ever heard of two Bar Associations operating side by side in a country?
Oh yes, even other jurisdictions, I will start with Nigeria, where most of us have been trained; where every state has its own Bar Association and they have a national one, but every state has its own Bar. In Ghana, you have other Bar Associations; in UK, even in the advanced world, you have four INNS; that is four different societies, where you are free to join; to choose to which one to join when you graduate as a lawyer; and we are following other jurisdiction; the Gambia has to grow; we don’t have to remain as we were since independence or even before independence.
And how is the old Bar perceiving your Organization? What are they saying?
Well, so far, we have not gotten any official pronouncement from the old Bar, but very soon we will engage them; we have given them notice of our Bar; and we have given them notice of our meeting, and our elections; and we want to work together with them as partners in development and not as rivals.
So, your move to set up this new body, should not be interpreted as a coup against the primary Bar Association; it should not be misconstrued as a coup?
Yes, exactly that is it; we don’t want to unseat them; in fact, that is not our aim; that is not our objective. We want to work together with them in pushing forward our agendas and we agree; in fact, we can have a joint session and make a joint presentation to the judiciary to the Executive; the National Assembly, and whatever we do, we want to partner with them; we know that we are doing it for the Gambia, and that is our country.
Is Mosses Richards part of your organization; lawyer Mosses Richards?
Wow, that is an interesting question. I don’t know why he in particular, and he will be asking you why you called; asked about him in particular.
Because I know for a fact that when he was fired by Jammeh and charged; your humble self was on Freedom radio, protesting about his firing and that gave birth to the rivalry within the Bar; so, I am just asking whether he is part of this organization?
Well, for now, I can say that I have given him notice and I have informed him, and I expect to see him in our general meeting tomorrow, and if he is interested; we have a registration form for membership and that will be open tomorrow.
Have you resigned your membership with the main Bar Association?
You see the situation of the main Bar is that previously it was an automatic membership; once you graduate, you are an automatic member because it was the only association in the Gambia, but now that we have an alternative Bar, people have an option if they want to be a member of the Gambia Bar Association or the Gambia National Bar Association. So, the mere fact that I have registered a new Bar, is a clear indication that I am no longer a member of the Gambia Bar, and as soon as we register our membership; any member who registers with us, I cannot say he is not a member of the Gambia Bar, because a member has a right to be part of the two associations; that is freedom of association.
Is your new organization legally mandated to accredit lawyers graduating from law school; do you have that legal mandate to accredit lawyers, who are out of law school; law school grandaunts? Do you have that legal mandate?
Well, we are just setting up and the force and the power behind our activities will give us, whatever achievements we made in the future. And that is one of the issues we need to table with the law school administration, the judiciary, and the Attorney General; these are all stakeholders in the accreditation of members from the law school. So, it is not a single body that is in charge, but all stakeholders will have to come together and make that decision.
But so far, it is correct to say that you do not have the legal mandate to accredit lawyers, who graduate from law schools?
Ha, ha, ha, ha. Well, I will say that every Gambian, not only lawyers; every Gambian has a constitutional right of freedom of association including yourself. It is only that our association is limited to professionals, who have graduated from the law school; those are the ones we called lawyers.
What would happen Mr. Mboge, if judges started saying that they not grant audience to lawyers, who are part of your organization into their courts? What will happen?
That is a practically impossibility. Practically impossibility. That will.. anyway, I don’t want to say what it will amount to because that is a gross violation of the constitution.
They cannot do that?
Nobody has the power to do that. Nobody can stop any Gambian from registering any association as long as it is legal; no judge can restraint us.
Is the Gambia Bar Association not the main legal body tasked or mandated to accredit lawyers, who graduate from law school?
It is good that you raised this issue because section 23, subsection 3, of the Legal Practitioners Act, have clearly make provisions for normalization of membership within the Gambian Bar Association, or any professional body, registered within the country. And, we are a professional body; so, that means that the law has open up and given people the option and the opportunity to set up a professional body; and this is what we have done.
Right, it is your right to set up that professional body, but it is another thing for you to regularize your status as a lawyer, by ensuring that your membership with the Gambia Bar Association is intact.
Like I said, earlier, people have a right to choose which organization or association to belong to; you may either be a member of the Gambia Bar Association, the National Bar Association, or the third body that is coming in, I don’t know the name or be a member of one or two of every of these associations. It is up to the individual.
So, are you insinuating that there is another Bar Association in the making?
No, I am not insinuating, I am telling you as a matter of fact; within a matter of short period of time, you will get to know about it, and you will see it in the news.
Why is everyone leaving the main Bar? What is going on?
Well, you know we are in a new democracy, and we are in a 21st century; people are growing; people’s minds are changing; we have a University, and that University is producing graduates. So, the Gambia before and the Gambia today are different. We are getting legal minds; we are getting professionals, who are intellectuals and who should also be given the opportunity to express themselves; to express their views, and even if you cannot do it in one association, you can do it in another one.
In your own opinion, lawyer Mboge, what is your take on the main Bar; the old Bar Association; what is your take?
The Gambia Bar Association is consists of members, who are very, very respectable, who are legal luminaries, who are as good as any other lawyer, in fact, if I may say they are our seniors, and we respect them for that. And that doesn’t stop us, be it myself, I have members of the new association, who are more senior than myself.
Really?
Certainly, it is not only about the young ones; my agemates and my seniors are all in the new Bar.
But if all was cool and dandy at the old Bar, probably, you wouldn’t have set up this organization; right?
Yes, it is true, because you know, young ones; when you graduate from the University, you are full of energy and enthusiasm; you feel like expressing yourself in a free and fair manner; that is a constitutionally guaranteed right; nobody can stop you from doing that; so if you cannot do that in the old Bar; you are welcome to the new Bar; so, that you come and express yourself and we debate; we disagree and agree; and then we come up with a resolution; and then we may do what is necessary to bring those issues and agenda before the authorities.
Now that you have registered the new Bar Association, what are your long term and short-term plans, when it comes to the administration of justice in the Gambia?
When we meet tomorrow; I don’t want to disclose what I have already have for the association tomorrow because the launching we will expect some media practitioners to come and cover our deliberations; but I just want to say that we are not limited to the four corners of the association; we want to go national; and we want to go international; we want to engage the authorities on issues affecting the Bar; issues affecting the judiciary; and issues affecting the administration of justice. We want to engage societies; we want to advocate and advance the administration of justice in the country.
Does this mean taking the government to court in the event that they are found wanting?
Ha, ha, ha. Well, we don’t want to go that far unless all avenues for dialogue have been exhausted because obviously before you take the government to court, you have to engage them in dialogue.
How about helping poor litigants because in the Gambia folks going to court probably they cannot afford to pay a lawyer to represent them; will you be helping poor litigants; to provide them pro bono in court?
We call that legal aid and that is one of our agenda that we wish to address because not all are able to afford the services of a lawyer. We have a female lawyers association, which is called FLAG and they deal with issues of women and children.
So, it is correct to say that there is a fallout within the Gambia Bar Association; as such new organizations are coming up; right?
Well, I don’t want to say fallout. You know we are lawyers; we agree and disagree; and we want to unite in diversity. I don’t want to use the word fallout, I don’t think that is the way we feel or the way we think; what we think is to open another avenue for freedom of expression; constitutionally guaranteed right to flow; this is what we are after; we want people to come and express their views openly, freely, and fairly; in good faith and with respect to our seniors.
So, if I got you, young lawyers felt that they are being censored by the old guard of the Bar. They felt being censored; right?
Ha, ha, ha. Well, I don’t think that is the way. The issue is; we have a University that is producing almost fifty graduates per annum, and within four years, we have two hundred young graduates; and that is unprecedented; the whole Bar, so within the four years, we have equaled the number of lawyers, who have been in practice since colonial days. You understand. This is the issue. And these young ones, with the coming up of the Legal Practitioners Act, they are not; I wouldn’t say sidelined, but their views have not been heard; a legislation has been passed in respect of those young ones and they are seriously affected by that legislation; that is the Legal Practitioners Act.
Can you dwell on that legislation? What is it all about?
Well, I just some of it at the beginning of my interview and that is on the issue of pupilage and on the issue of training. You see, once a lawyer goes to the University, he battled for years to get his LLB, and then battled for another year to go through the Law school; once he graduates he is deemed to be fit and proper for him to be enrolled as a legal practitioner in the Gambia and any other jurisdiction.
But in the case of the Gambia, they are somehow restricted?
Yes, for now, there is a restriction because they have to do pupilage for one year, and that pupilage is attaching them to other Chambers of seniors to do their training for one year. And like we said, the number of output from the University is now far exceeding the seniors in the country. There are even some of the graduates, who don’t even have an office to do their training. So, you can see the issues that are arising in the new Gambia.
Earlier on, you talked about the organization being conceived during Jammeh’s regime, why couldn’t you register it at the time? What happened?
It was registered in 2011. That was in Jammeh’s time.
Why is that you guys couldn’t formally launch it?
For two reasons: Principally, political atmosphere was not yet conducive; that’s one; and two, some of our colleagues then used diplomacy and dialogue and then wanted a unified Bar rather than a separate Bar; alternative Bar; I wouldn’t call it a rival Bar; we are not rivals; we are partners in development. So, now that these new issues are arising in those days; the time the Bar was registered this issue affecting new lawyers have not arisen.
So, the Minister of Justice Abubacarr Tambadou, has he given his blessing to this?
Ha, ha, ha. Well, that is an Executive view, he cannot speak, although, he gave his word of advice and caution about the new Bar, but I wouldn’t say he has or has not given his blessing because that is not a requirement of the law. The new association does not require the blessing of the Attorney General or any other person. We only given him notice of registration of our Bar as a matter of courtesy and respect and as the head of the Bar. The Attorney General is the head of the public and the private Bar. So, any association, which is registered you have to bring it to his notice.
And what was the advice given by Mr. Tambadou to you guys?
Ha, ha, ha. Well, I think that is confidential. I cannot say that in the media especially in public; you know this is an international media, I am conducting this interview, so, I have to be careful not to expose those advice.
How about the Chief Justice Assan Jallow? Is he aware?
Yes, the Chief Justice is aware. As I stated earlier, I met with the Chief Justice and laid my cards on his table. I met with the Attorney General and I laid my cards on his table. I met with some of my senior colleagues and explained our situation and position to them; to enable them to understand our position and our viewpoint. And I wrote to the National Assembly, and I am yet to meet them, but I will in due course with the Speaker of the National Assembly as well.
What is the membership size of your new organization; if you don’t mind telling us?
Ha, ha, ha. Like I said, we are going to recruit membership and registration will start tomorrow.
And journalists would be invited to attend?
Oh yes. In fact, thanks for reminding me. I have sent a notice to the GPU press union to invite the press to not only attend, but also report our outcome. You see, we don’t want to be competing with anybody and we also want transparency; we don’t want to act behind closed doors. We will invite journalists, and if you want as well to know developments that happened tomorrow you can call, and you will be fully briefed.
Transcribed and written by Pa Nderry M’Bai
Email: panderrymbai@gmail.com
Tel: 919-749-6319
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