Freetown, Sierra Leone, 6th May, 2022: The attention of the Judiciary’s Communications Department has been drawn to a letter dated 31st March 2020, addressed to Wara Serry Kamal Esq, titled “Whether Mr Adrian Joscelyne Fisher is licensed and has been admitted to practice law in Sierra Leone.”
The third paragraph of the said letter states that, “the General Legal Council is in receipt of no other or further applications for admission to practice law in Sierra Leone by Mr. Adrian Fisher, nor has it granted same under any exemption.”
We are aware that in December 2015, Mr. Fisher (as he then was) applied to the General Legal Council (GLC) under the Chairmanship of Mr. Yada Hashim Williams, to practice law in Sierra Leone and the application was refused.
Mr. Fisher then challenged the decision in the Court and in a very detailed ruling, dated 28th day of November 2016, Supreme Court Judge, Justice Adeliza Showers, sitting as a High Court Judge ruled that, “ the General Legal Council had abused its power in considering Fisher’s application and carried out several procedural irregularities, which amounted to abuse of power, which the Court cannot overlook. An order of Certiorari was therefore granted quashing the decision of the GLC and that they should reconsider the application again and proceed in accordance with the findings of the court.”
The GLC was also ordered to pay costs of the action in the sum of Ten million Leones (Le10,000,000.00) to Solicitors for Mr. Adrian Fisher.
Mr. Fisher again wrote to the GLC under the Chairmanship of Ms. Glenna Thompson now (Justice Glenna Thompson JSC) drawing attention to the Court’s Ruling. The GLC refused Mr. Fisher’s application to practice law, notwithstanding the Court’s Ruling. He further instituted another action in the High Court against the new decision in 2017. By the time the action came up for hearing, he had been employed by the Government of Sierra Leone, as a Legal Consultant at the Law Officers’ Department, Office of the Attorney General and Minister of Justice. By virtue of his appointment as a legal practitioner in the Office of the Attorney General and Minister of Justice, the GLC negotiated for the matter to be settled out of Court.
Pursuant to Section 15 (3) of the Legal Practitioners Amendment Act No. 13 of 2014, he was entitled to an exemption from the requirements to practice in Sierra Leone which are laid down in Section 10 of the Legal Practitioners Act 2000. It must be stated that the said exemptions are granted by law to legal practitioners who studied in Commonwealth countries with respect to service in the Judicial and Legal Service or in the service of the State.
Meanwhile, Section 135 (3) states that, “A person shall not be qualified for appointment as a Judge of the Superior Court of Judicature, unless he is entitled to practice as Counsel in a Court having unlimited jurisdiction in civil and criminal matters in Sierra Leone or any other country having a system of law analogous to that of Sierra Leone and approved by the Judicial and Legal Service Commission, and has been entitled as such Counsel in the case of appointment to-
(a) The Supreme Court, for not less than twenty years;
(b) The Court of Appeal, for not less than fifteen years;
(c) The High Court of Justice, for not less than ten years.”
The Hon. Justice Adrian Fisher was called to the Bar of England and Wales in October 2001. Consequently, in accordance with the provisions of Section 135(3) of the Constitution of Sierra Leone, Act No. 6 of 1991, the Hon Mr. Justice A.J. Fisher was fully qualified to be appointed a Justice of the Superior Courts of Judicature having been called to the Bar of England & Wales since 2001.
Records show that Hon. Justices John Bosco Katutsi (Ugandan); Madubuike Paul (Nigerian); G.B. Semega Janneh (Gambian); Shuster (British); Theresa Doherty (Irish); and Justice Mary Sey (Gambian) were among the foreign nationals who served as Judges of Sierra Leone and yet didn’t go through our Law School.
*For more enquiries, please contact the Communications Department on +23234617548/+23279101086 or visit us on www.judiciary.gov.sl*