African Bar leaders canvass free trade in legal services across continent

Leaders of bar associations and law societies across Africa have expressed interest in the creation of a platform that facilitates the free trade in legal services across Africa.

The declaration which is a direct fallout of the first ever African Bar Leaders Conference in Lagos recently, also saw conferees seeking amongst other things, mutual recognition agreements for legal professionals in Africa, an organised cross border legal practice, as well as the free movement of legal professionals across the continent.

The submissions were part of the strategies proffered by bar leaders of over 20 African countries who were present at the conference to foster African consensus-building for the legal profession.

In his presentation on behalf of the Council of the East Africa Law Society, the President of the EALS, Nassor Khamis Mohammed stated that going forward, there was need for the legal profession in Africa to converge annually at an Annual General Meeting where lawyers can deliberate issues affecting the rule of law, good governance, as well as the conditions affecting or facilitating the practice of their profession on the continent.

He said, “This platform should be seen as a great networking forum with colleagues from other African countries, and an opportunity to ventilate the issues that we want the African Bar to advocate.”

Mohammed further enjoined senior lawyers across Africa to pay more attention to its younger ones, in other to safeguard the future of the legal profession. He urged them to ensure that juniors had access to such gatherings and conferences within the continent in furtherance of African-driven goals and objectives.

Also canvassed at this gathering, was the need to facilitate the free movement of legal professionals across the African continent. They noted that this would involve an organised cross border legal practice.

The East Africa Law Society (EALS) brings together the Law Society of Kenya, the Tanganyika Law Society, the Uganda Law Society, the Burundi Bar Association, the Rwanda Bar Association and the Zanzibar Law Society. The membership of six law societies, together with over 13,000 multi-national active legal professionals from across the East African Community.

Closely knit together, the EALS was part of the legal team which participated in the defence of the President of Kenya Law Society when the Supreme Court summoned him in relation to his comments on the Election Petition in 2013 – which had the purpose/effect of gagging the legal profession. The Supreme Court ultimately withdrew the summons.

In other circumstances, the EALS also rose to the occasion in protection of the former President of the Burundi Bar Association who was disbarred by the Government of Burundi for questioning the rule of law credentials of the government. The EALS lodged a case at the East African Court of Justice that ultimately declared the process of disbarment, contrary to the fundamentals of due process and natural justice.