The York Magistrates’ Court on the Freetown Peninsula has reserved ruling in a civil case after a dispute over the credentials of two lawyers raised constitutional questions about the right to legal representation.
Magistrate Solomon Christian Kekurah is considering whether Abu Bakarr I. Kamara and Chernor Mohamed Juldeh Bah are legally qualified to represent clients following a challenge from fellow lawyer Mustapha A. Khalil.
Khalil argued on Friday, January 30, 2026 that the two lawyers had not obtained temporary practicing certificates, which he said are required under Section 20(5)(a) of the Legal Practitioners Act, 2000. He submitted that without such certification, they could not properly be referred to as counsel.
In response, Abu Bakarr I. Kamara cited a High Court judgment in Ibrahim Sorie v. General Legal Council, which held that a lawyer’s right to practice begins once called to the Bar. Kamara argued that constitutional protections should ensure a litigant’s right to be represented by a lawyer of their choice.
Sierra Leone’s 1991 Constitution guarantees the right to a fair hearing for anyone whose civil rights or obligations are in dispute, under Section 23. In criminal cases, it explicitly provides that an accused person has the right to defend themselves “in person or by a legal practitioner of his own choice.” While the Constitution does not specify administrative or temporary licensing requirements for lawyers, legal analysts say its protections are generally interpreted to prioritize a litigant’s access to legal representation. Courts are cautious about applying statutory restrictions in ways that could prevent a person from exercising this fundamental right.
The dispute mirrors issues in other West African countries. In Nigeria and Ghana, courts have repeatedly held that lawyers may represent clients once called to the Bar even if minor regulatory requirements are pending. Legal commentators say Sierra Leone’s case highlights the challenge of enforcing professional standards while ensuring citizens’ constitutional right to legal representation.
Magistrate Kekurah withdrew the case file and reserved ruling. The underlying dispute involves Hannah Dakowa and Mohamed Limba Abu Tarawallie, who faces two counts of trespass over property located at Mile 13, Freetown Peninsula. Proceedings are expected to resume on Friday, February 6, 2026.
The ruling could have significant implications for newly called lawyers in Sierra Leone and for balancing professional regulation with constitutional guarantees of access to justice.
