Monday, August 6, 2012

GHANA LAW SCHOOL ... SAY WHAT ???

This issue is one that lies right under my heart, vertically. Normally, when issues are in that position around my organs, i don't like to write about them because I've learned there's a cord that links directly from my organs (all of them) to the subjective part of my brain which means ofcourse that such write ups may not be objective. I leave you to make that conclusion after you read, which means, from here on, I have procured a license to be as unguarded as I possibly can.

So, legal training in Ghana has changed, I'm told. Among other changes, now, when you have an LLB from outside (the shores of Ghana, that is) and you go back home to do the bar, you have to go through a series of interviews and tests while clutching your hard earned degree under your arm (obviously not enough) and pray that you pass because not passing will mean ...? and when you pass with flying colours - dreamily, you are considered an international student and must pay fees to reflect your status. Never mind that there are people who like me, have schooled their whole life to university level in Ghana and may have only left purposefully for the procurement of an LLB. I wouldn't want to bore anyone right now with details of trying to get into Legon to study law, that is a discussion for a brighter warmer day.

Should you opt to do the bar training here (UK), when before you had to do a three month conversion at the bar school in Ghana to practice, when you have successfully been called to the UK bar, now, you would need to have done pupillage here in the UK after your bar, before that option would be open to you or your bar training from UK is null and void which loosely translates - you have to spend two years doing what you have already done - that is, if you pass the interviews and tests required ofcourse.

Now, pupillage in UK is everybody's dream. Who wouldn't want to be trained on the job in Lincoln's Inn? Go to court and experience first hand, the very place Lord Denning practised his law? Unfortunately, however, pupillage, even though considered part of legal training, is also a full time job which means that one needs a work permit to undertake the prestigious venture. Now, who born dog? where are you "going to pass" to get that permit? Even if you get divinely lucky and get a law firm that is willing to take you on, UK requirements dictate that the firm proves that basically, no one else in the kingdom can do the job apart from you for which reason a work permit should be procured for very special you.

My favourite part, by jove, is the fact that Ghana recognises the state of New York bar training but has all these limitations on recognising UK bar training. Forget colonial masters, forget where we derive our laws from, forget the multiplicity of the legal system in the States ... have I said enough?

All this would be well and good if these changes were given a human touch. It came into being within three months. So one went to bed covered in a quilt as thick as a dozen kente clothes sewn together somewhere in Birmingham as a student almost done with bar training, dreaming of returning home to family, good food, weather ... after a fight well fought and woke up to hear he must go back to his motherland to do the bar training for two years AGAIN.
Equity? Anybody??



10 comments:

  1. Wow....dats a mess Maame!
    Yokwesi

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  2. That's terrible. Must be supremely annoying. Makes you wonder if our policy makers really consider the implications of their actions.

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  3. elimination by 'rough tactics'.
    And I hear even those who do LLB in Ghana have to take entrance exam to enter Makola. I'd love to do law for the fun of it but really some of these robotic decisions make me wonder!

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  4. Well..I will advise you do the two years, survive it and then when you get into the system, help affect change. It will help for the Ghana Bar association to actually do some real work of affecting policy changes/reviews than pointless political statements. Hopefully you can come home and make some real difference sweets..

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  5. I get the feeling the system was changed just to make it harder for you in particular to be called to the bar in Ghana after your LLB in the UK. The only two choices available to you now is to abandon your UK studies and return to the law school in Ghana. Or you can stay on to complete your studies in the UK and broaden your horizon, return to Ghana to spend another two years at Makola just to study the same things albeit with a Ghanaian twist. What I have found about Ghana is that our leaders take advantage of the system and then turn round to make changes that will make it harder for the ordinary person to take advantage of the same system to better themselves. An example is the debate on higher education in Ghana at the moment. The people who had absolute free education are the very people who are advocating for higher fees for university education these days.
    My cousin had her LLB in the UK and did LPC as well yet when she went to Ghana she was asked to pay £3,500 for just three months at the law school in Ghana. How fare is this. Legal education in Ghana now is becoming the preserve of only a priviledge few.

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    1. I do agree that this may be a little frustrating and discrimatory but i believe some basic standards must be adhere to in any profession. I cant think of any better way.The only thing holding our democracy above water is our legal system and this must be protected.
      As for the fees charged..come on guys, i have had the opportunity of seeing legal fees charged by "average" lawyers. And boy it was annoyingly handsome

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    2. Nii, so you are advocating that because lawyers in Ghana charge handsome legal fees legal education should be expensive so that applicants from poorer backgrounds cannot gain access? What has frustrating those who had their legal education abroad (particularly when Ghana legal education is based on the UK law) got to do with protecting our democracy. You seem to be supporting an elitist legal system where only a priviledged few can enter in Ghana. That is unfair and could ultimately lead to instability of our democracy.

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  6. Well in a country of many many anomalies, this is and should be no surprise at all. Until we stop seeing politics as a 'dirty game' and have a lot more of us who think we're sane at the helm of affairs at different levels, we will not see much change. Even the University Council is made up of political appointees. I'm a strong advocate for active involvement in politics because I think it presents a huge opportunity to help address many of our country's current ills -- granted we don't get consumed by 'the system' in the process

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  7. I totally support this decision. The simple fact that one obtained his/her LLB from a UK university and subsequently completed the BPTC shouldn't give them easy access to the Ghanaian Bar. Most UK students are aware that this is vice versa. Law degrees and the Bar exam are recognized here in the UK, they will not be adequate in you obtaining a TC or Pupilage, so yes it should work both ways. Legal practise is an elite profession and should not be compromised by allowing any Tom, Dick and Harry gain access to the same. UK students are already cognizant of the difficulty in becoming a lawyer in the UK so why the sudden surprise that the exact measures have been applied to the GH legal system.

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  8. if you go through law school in Ghana, go to the UK for your masters, is it acceptable to come back to Ghana to practice??

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