The application herein, made  by  IBRAHIM  SORIE1    the  Plaintiff/Applicant-in- . person by way of an Originating Notice of Motion dated 30th May 2019, seeks

the interpretation of Sections 135(3) and 135(4) of the CONSTITUTION OF SIERRA LEONE  1991 and  the  LEGAL  PRACTITIONERS   ACT  2000 as

amended, by determining whether  or not the stated position  of the GENERAL

LEGAL COUNCIL, the Defendants/Respondents herein, expressed in a Notice dated the 18th December 2018, construing and interpreting the CONSTITUTION OF SIERRA LEONE 1991 and the LEGAL PRACTITIONERS ACT 2000 as

amended, to mean that a Legal-Practitioner shall only be qualified to act or serve as a Pupil Master, if such Legal Practitioner has been admitted and enrolled as a Legal Practitioner, for a period of at least Ten (10) years after his/her name has been entered into the Roll of Court/Permanent Register is correct?

 

If the answer to the question aforesaid is in the affirmative, the application seeks the determination whether it could be said that to be qualified to be appointed a Judge of the Superior Courts of Judicature, the constitutionally required periods should be computed from year of 2020 the Permanent Register, rather  than year of call and whether it could be said that failure to be admitted and enrolled into the Roll of Court/Permanent Register disqualifies  one  from being  appointed a Judge of the Superior Court-s of Judicature?  On the  other  hand if  the  answer to the first question above is in the negative, the application herein seeks the determination whether the Plaintiff/Applicant herein, a Legal Practitioner , having been  Called  to  the  Bar  since  4th  October  2000.  is  eligible to serve a Pupil Master pursuant to the  PRAC TITIONERS ACT 2000 ?

 

The application herein seeks the determination of the question, whether the requirements to be eligible to be elected to the GENERAL  LEGAL COUNCIL, tile Defendants/Respondents herein, are  'pari  mataria '  Gnd in principle, similar

to the requirements to be appointed a Judge of the High Court or a Judge or the

Court of Appeal and if the answer to the said question is in the affirmative, is the Plaintiff/Applicant ll erein, being a Legal Practitio ner, having been called to the Bar since 4th October 2000, eligible to be elected to the GENERAL LEGAL COUNCIL, the Defendants/Respondents herein, in the fifteen (15) year and above category pursuant to the LEGAL PRACTITIONERS ACT 2000 ?

The application herein, further seeks the determination of whether the Defendants/Respondents' interpretation of the provisions of  Sections  135(3) and 135(4) of the CONSTITUTION aforesaid and the LEGAL PRACTITIONERS ACT 2000, discloses and produce an unreasonable, unfair, unjust, confusing and absurd result in its application, seeks the determination  of

whether the Defendants/Respondents· over a long period of time having consistently interpreted, construed and applied standing to be computed from date of call can now change the generally accepted understanding of how standing is computed, seeks the determination of whether the Defendants/Respondents having previously regarded the Plaintiff/Applicant as being eligible to serve as Pupil Master from 2014 to 2018 can now determine

that the Plaintiff/Applicant is  no longer  eligible to  do so,  witho_ut  him being

disbarred or suspended from practice, seeks the determination of whether the Plaintiff/Applicant having been appointed as Notary Public by the HON. CHIEF JUSTICE of SIERRA LEONE on the 2P 1 December 2017, pursuant to Section 2 of the NOTARIES PUBLIC ACT, CHAPTER 13 of the LAWS OF SIERRA

LEONE 1960, which requires a Notary to be a Legal Practitioner of not less than Ten (10) years standing was rightfully appointed, seeks the determination of whether persons appointed ATTORNEY GENERAL and MINISTER OF JUSTICE or ANTI-CORRUPTION COMMISSIONER are deemed to be qualified to be appointed to such positions by computing standing from the date of call to the bar or by the date of enrolment/signing of the Permanent Register and seeks the determination of whether seniority at the Bar is determined by the date of call to the Bar or from the date of enrolment/signing of the Permanent Register.

The Plaintiff/Applicant  seeks the Declaration that the Defendant/Applicant as stated in the·

Notice dated 1:5r    December 2018 , is inconsistent   with the provisions of Sections 135(3) and 135(4) of the CONSTITUTION OF SIERRA LEONE 1991, a Declaration that the Plaintiff/Applicant is eligible and qualified to serve as Pupil Master, a Declaration that the Plaintiff is eligible to contest for and has been duly elected to the GENERAL LEGAL COUNCIL, the Defendants/Respondents herein, a Declaration that standing is computed from the date of call and not from the date of registration/enrolment, a Declaration that seniority at the Bar is determined by the date of call and not the date of enrolment and signing of the Permanent Register , an Interlocutory Injunction restraining the Defendants/Respondents by itself, its agents, privies, partners or assigns or any one acting under their instructions, from holding any meeting or electing or causing a re-election or appointing any person to serve in any capacity whatsoever, pending the hearing and determination of the substantive matter herein and any further order or relief as this Honourable Court may deem fit and just.

In support of the application aforesaid, is the affidavit of IBRAHIM SOR.IE, sworn to on the 30th May 2019, to which several exhibits are annexed, including the following:

Exhibit '1' is the Plaintiff/Applicant's Bar Final Certificate indicating that he has successfully completed the prescribed courses of such study,

Exhibit '2' is the Plaintiff/Applicant's Certificate of Call to the Degree of an Utter Barrister dated 4th October 2000

Exhibits '7', '8', '9', '10', '11', '12', '13' and '14' are letters ranging from dates between 16th March 2014 and 1st November 2017, contents of which are the Plaintiff/Applicant notifying the Chairperson of the Defendants/Respondents, affirming the pupillage of several Barristers with him and confirming the said Barristers' completion of the one (1) year pupillage period with hm, 

Exhibit '16' is a Certificate dated 21st December 2017, confirming the appointment of the Plaintiff/Applicant herein as a Notary Public by, the HON. CHIEF JUSTICE OF SIERRA LEONE,

Exhibits '17-1 8 ' '18·1 5' and •1 9·1 •5 are the Plaintiffs/Applicants application forms for payment of Practicing Certificates, receipts of payments and practising certificates, all based on prescribed fees computed from the year of his call to the Bar on the 4th October 2000, the earliest of these practicing certificates issued on the 3rd February 2011, after his payment of the prescribed fee for the period of Ten (10) years upwards from his date of call to the Bar,

Exhibits '20' is an article allegedly published by OSMAN JALLOH, a member of the Defendants/Respondents , advancing the argument that standing is computed from date of enrolment in the Permanent Register, rather than from date of call to the Bar and that for one to be eligible to serve as a Pupil Master, one must have enrolled in the Permanent Register for at least Ten (10) years,

 

Exhibit '21' is a Notice dated 18th December 2018 issued by MOHAMED PAMOMO FOFANAH, Chairperson of the Defendants/Respondents stating the Defendants/Respondents' own interpretation of the CONSTITUTION OF SIERRA LEONE 1991 and of the LEGAL PRACTITIONERS ACT 2000 regarding the period within which a Legal Practitioner is qualified to act as or serve as a Pupil Master,

Exhibit '25' is a letter dated 15th February 2019, addressed to the Plaintiff/Applicant herein from NICKY SPENCER-COKER MRS, the Secretary General of the Defendants/Respondents informing him of his excess payment for a practicing certificate, the number of years of standing apparently based on

Exhibit '21' aforesaid,

 

Exhibit '31' is a list of Legal Practitioners, eligible to contest for the Defendants/Respondents' elections for members in the category of Legal Practitioners of standing of Fifteen (15) years and above in which the name of the Plaintiff/Applicant is excluded, apparently based on Exhibit '21' aforesaid,

Exhibit '32' are minutes of an 'Extraordinary General Meeting of the SIERRA LEONE BAR ASSOCIATION, the same confirming no objection to the appointment of the Plaintiff/Applicant as a member of the Defendants/Respondents in the category of Legal Practitioners of standing of Fifteen (15) years and above, notwithstanding the fact that his name did not make the list as in Exhibit '31' aforesaid,

 

Exhibit '33' is a Notice of Objection issued by AUGUSTINE SORIE-SENGBE MARRAH, to the Plaintiff/ Applicants election aforesaid on the grounds that he was.ineligible to be elected to such position,

 

Exhibit '34' is a letter dated 29th April 2019, addressed to the President of the SIERRA  LEONE  BAR  ASSOCIATION  from  AUGUSTINE SORIE-SENGBE MARRAH,

  executive of me SIERRA LEONE  BAR  ASSOCIATION not to submit any written confirmation of the Plaintiff/Applicant and one SAMUEL T. NAVO as elected members of the Defendants/Respondents until his Petition/Objection as contained in Exhibit '33' aforesaid is tabled for consideration by the general membership of the SIERRA LEONE BAR ASSOCIATION, failing which he will seek injunctive and other reliefs against the Association,

Exhibit '35' is a letter dated 13th May 2019, addressed to the Secretary of the Defendants/Respondents, from the Secretary of the SIERRA LEONE BAR ASSOCIATION confirming the election of members of the Defendants/Respondents, in the just concluded elections, which said elected members include the Plaintiff/Applicant and one SAMUEL T. NAVO,

Exhibit '36' is an Originating Summons dated 14th May 2019, instituted by AUGUSTINE SORIE-SENGBE MARRAH, in the High Court of Sierra Leone seeking an order that the Plaintiff/Applicant's election aforesaid, be declared null  and  void and    that  he  be  restrained  from  serving  as  a  member  of  the Defendants/Respondents,

Exhibit '38' is an Order of the High Court dated 28th May 2019, restraining the Plaintiff/Applicant aforesaid,

Exhibit '40' is a publication of the SIERRA LEONE LAW REVIEW 2000 containing a list of Legal Practitioners with both their dates of call to the Bar and dates of enrolment,

Exhibit '41' is the COUNCIL OF LEGAL EDUCATION SIERRA LEONE LAW SCHOOL SOUVENOIR HANDBOOK AND STUDENT PASS LIST 1990-2006 EDITION and

Exhibit '46' is the legal analysis which the Plaintiff/Applicant claims, is what the Defendants/Respondents considered before reaching its decision to restrict the right to serve as a Pupil Master, to only those who had been enrolled or signed the Permanent Register for at least ten (10) years.

In opposition to the application herein, is the affidavit of ONIKE CHRISTINE SPENCER-COKER and the affidavit of OSMAN JALLOH, sworn to on the 28th June 2019 and the 21st January 2020, respectively. Attached to the affidavit of ONIKE CHRISTINE SPENCER-COKER. are several exhibits including the following.

Exhibit 'OSC 1' is a letter dated 23rd November 2009, addressed to the Chairman of the Defendants/Respondents, in which as contained therein, the Plaintiff/Applicant applying to sign the Temporary Register as a Barrister and Solicitor of the High Court of Sierra Leone,

Exhibit 'OSC 2' is the relevant page of the Temporary Register of Legal Practitioners certifying that the Plaintiff/Applicant was approved and enrolled as a Pupil Barrister and Solicitor of the High Court of Sierra Leone on the 25th November 2009 and

Exhibit 'OSC 3' is the relevant page of the Roll of Court or Permanent Register of Legal Practitioners in Sierra Leone certifying that the Plaintiff/Applicant was

approved and enrolled as a Barrister and Solicitor of the High Court of Sierra Leone on the 14th January 2011,

 

In reply to the affidavit in opposition aforesaid, is the affidavit of IBRAHIM SORIE, sworn to on the 9th December 2019, to which said affidavit is annexed several exhibits including the following:

 

Exhibit '1' is a website page of YADA WILLIAMS & ASSOCIATES, the law firm which OSMAN JALLOH belongs to and in which the said OSMAN JALLOH continues to hold himself out to the public as a Legal Practitioner, computation of his standing which is based from the year of his call to the bar,

 

Exhibit '2' is an extract of the yearly pass list of students of the SIERRA LEONE LAW SCHOOL 1990 to 2010, showing that OSMAN JALLOH completed Law School and was called to the Bar in October 2006,

 

Exhibit '3' is a campaign poster in which SONKITA CONTEH whilst campaigning to be elected as President of the SIERRA LEONE BAR ASSOCIATION in June/July 2019, held himself out to members of the SIERRA LEONE BAR ASSOCIATION, as being a Legal Practitioner of over Fifteen ('I5) years, computation of which can only be based on the years of his call to the Bar in 2003,

Exhibit '4' is an extract of the yearly pass list of students of the SIERRA LEONE

LAW SCHOOL 1990 to  2010, showing that SONKITA  CONTEH completed law school and was call to the Bar in October 2003,

Exhibit '5' is a newspaper publication by AUGUSTINE SORIE-SENGBE MARRAH entitled 'is the Legal Profession in ICU' dated 15th October 2019, in which he stated that Ten (10) years this month he was called to the Sierra Leone Bar,

Exhibit '6' is another publication by AUGUSTINE SORIE-SENGBE MARRAH dated 31st October 2009, commemorating his call to the Bar entitled 'How a college drop-out came back to become a Law School Star Pupil',

Exhibit '8' is a Notice issued by the SIERRA LEONE BAR ASSOCIATION in preparing for its Annual General Meeting in July 2019, requesting subscriptions from its members based on from year of call and not years of enrolment or signing of the Permanent Register of Legal Practitioners and

Exhibit  '91    is  a  Resolution  issued  by  the  Board  of  Directors  of  the  SIERRA LEONE BAR ASSOCIATION reviewing subscription of members of the Association for 2019/2020 financial year, based on from year of call and not year of enrolment or signing of the Permanent Register of Legal Practitioners. 

HAV\NG READ the Originating Notice of Motion dated 30th May 2019, the affidavit of IBRAHIM SORIE, sworn to on the 30th May 2019, in support of the application by Originating Notice of Motion aforesaid, the affidavit of ONIKE CHRISTINE SPENCER-COKER and the affidavit of OSMAN JALLOH, sworn to on the 28th June 2019 and the 21st January 2020 respectively, the said affidavits, in opposition to the said application and the affidavit of IBRAHlM SORIE , sworn to on the 9th December 2019, in reply to the affidavit in opposition aforesaid, together with all the exhibits annexed to the affidavits aforesaid and HAVING HEARD I. SORIE ESQ., the Plaintiff/Applicant in person, and HAVING HEARD

also,  0.  JALLOH  ESQ.  of  Counsel  for  the  Defendants/Respondents and

HAVING CONSIDERED all the submissions made by them in relation to the application herein, having regard to all the provisions of the law cited and in particular Sections 135(3) and 135(4) of the CONSTITUTION OF SIERRA LEONE 1991, this Court thinks it necessary to first outline the undisputed facts, which provoked the application herein.

 

The Plaintiff/Applicant herein is a Legal Practitioner and was called to the Bar of Sierra Leone on the 4th October 2000. The Defendants /Respondents  are a body corporate with perpetual succession and capable of being sued and suing in its name. they are established

 by an Act of Parliament and are the body charged with the responsibility of  regulating  the practice  of Legal Practitioners in Sierra Leone. Shortly after being called to the Bar, the Plaintiff/Applicant left Sierra Leone, pursued further studies  in  the Law  and was temporarily resident in the United States of America up till his return to Sierra Leone on the 29th September 2009. He thereafter completed twelve (12) months of pupillage and proceeded to sign the Permanent Register of Legal Practitioners on the 14th January 2011. The Plaintiff/Applicant is a member of the SIERRA LEONE BAR ASSOCIATION, was elected its President in June 2014 and re-elected as such in June 2015, for a further one year term. The Plaintiff/Applicant is also a Notary Public, having been so appointed on the 2s1 t December 2017.

From 2014 to 2018, the Plaintiff/Applicant has acted as Pupil Master for several Barristers who have within this period, proceeded to sign both the Temporary and Permanent Register of Legal Practitioners without any incident, his qualification as a Pupil Master been determined from his date of call to the Sierra Leone Bar aforesaid. Since signing the Permanent Register of Legal Practitioners on the 14th January 2011

A Notice dated 18th December 2018, was issued by the Defendants/Respondents stating that by its position based on the CONSTITUTION OF SIERRA LEONE 1991 and the LEGAL PRACTITIONERS

ACT 2000 as amended, a Legal Practitioner shall only be qualified to act or

serve as a Pupil Master, if such Legal Practitioner has been admitted and enrolled as a Legal Practitioner for a period of at least Ten (10) years after his/her name has been entered into the Roll of Court/Permanent Register. In January 2019, the Plaintiff/Applicant applied for a Practicing Certificate for 2019 and submitted fees computed and based on his year of call. The Defendants/Respondents issued a Practicing Certificate but computed fees based on his years of signing the Permanent Register. Further in January 2019, the Plaintiff/Applicant proceeded to certify that the completion of pupillage of

S.A. CONTEH ESQ. and 1.0 .8 . JOHN ESQ. Notwithstanding the Notice dated 18th December 2018 aforesaid, the same which would have clearly disqualified the Plaintiff/Applicant as a Pupil Master, the Defendants/Respondents at  a meeting with the said S.A CONTEH ESQ. and the said 1.0 .8 . JOHN ESQ.

proceeded to have them sign the Permanent Register of Legal Practitioners

 

A Notice for an Extraordinary General Meeting of the SIERRA LEONE BAR ASSOCIATION was put out, by notifying members that the tenure of members elected to serve as members of the Defendants/Respondents, expired in March 2019 and scheduled the 26th April 2019, as the date for elections of members to the Defendants/Respondents. On the eve of the scheduled elections, lists of Legal Practitioners eligible to contest for the vacant Council positions were given to the General Secretary of the Bar Association. From the list of Legal Practitioners eligible to contest for the election of members in the category of Legal Practitioners with standing of Fifteen (15) years and above, the said category which the Plaintiff/Applicant herein claims to be, based on his year of call to the Bar, the Plaintiff/Applicant's name was notably absent. This notwithstanding, the Plaintiff/Applicant was declared elected to the Fifteen (15) years and above category as a member of the Defendants/Respondents at the meeting of the Sierra Leone Bar Association aforesaid.

Further to the election of the Plaintiff/Applicant aforesaid, one AUGUSTINE SORIE-SENGBE  MARRAH      issued    a              Notice          of       objection      to the Plaintiff/Applicant's election aforesaid, on the grounds that  he was ineligible to be elected to such position. By a letter dated 29th April 2019, the said AUGUSTINE SORIE-SENGBE MARRAH, threatened to seek Injunctive Reliefs against the SIERRA LEONE BAR ASSOCIATION and the Plaintiff/Applicant if his petition/objection contained in the Notice of Objection aforesaid was not discussed at the next extraordinary general meeting of the SIERRA LEONE BAR ASSOCIATION to be called specifically for that purpose. By a letter dated 13th  May      2019 ,                   the        General                            Secretary      of                   the        SIERRA                   LEONE  BAR ASSOCIATION informed the Secretary of the Defendants/Respondents of the names of persons elected at the Extraordinary General meeting of the SIERRA LEONE BAR ASSOCIATION held on the 26th April 2019, informing the Defendants/Respondents also that a petition has been filed by AUGUSTINE SORIE-SENGBE MARRAH regarding the eligibility of the Plaintiff/Applicant

herein and SAMUEL T. NAVO as members of the Defendants/Respondents.

 

By an Originating Summons dated 14th May 2019 AUGUSTINE SORIE­ SENGBE MARRAH sought a Declaration from a Judge of the High Court of Sierra Leone, that in view of the position of the Defendants/Respondents, in so far as standing or years of standing at the Bar in Sierra Leone is concerned, the counting period commences from the date of the signing and enrolment in the Permanent Register of Legal Practitioners in Sierra Leone and that by reason

that the Plaintiff/Applicant signed and was enrolled in the Permanent Register of Legal Practitioners

 on the 14th January 2011, he was not qualified to be nominated and elected as a member of  the Defendants/Respondents  and sought further several Injunctive Reliefs. By an order of the Court dated the 28th May    2019,    an    Interlocutory    Injunction        was  granted                              restraining the Plaintiff/Applicant herein from presenting himself as a  duly  elected member of the Defendants/Respondents, pending the hearing and determination of the application by Originating Summons aforesaid, on terms  that the said AUGUSTINE SORIE-SENGBE MARRAH gives an undertaking to pay damages to the Plaintiff/Applicant herein, which he might suffer as a result of  the Injunction aforesaid, should it turn out in the end that the said AUGUSTINE SORIE-SENGBE  MARRAH  was not entitled  to the said  Injunction and that the

Plaintiff/Applicant ought not to have been restrained aforesaid.

.Further to the filing of the application herein by Originating Notice of Motion dated 30th May 2019, a stay of all proceedings in the High Court aforesaid, was granted by this Court, by its order dated 16 th December 2019.

As contained in the Defendants/Respondents statement of case filed on the 2nd July 2019 , at paragraph 3 on 'LOCUS/STANDING OF THE PLAINTIFF TO RELY ON THE PERCEIVED ELIGIBILITY FOR APPOINTMENTS TO OTHER OFF\CES \N REGARD HIS STATUS AS A LEGAL PRACTITIONER QUALIFIED FOR ELECTION TO THE DEFENDANT OR TO ACT AS A PUPIL

MASTER' 0. JALLOH ESQ. of. Counsel for the Defendants/Respondents

. submitted at paragraph 3.5 thereof at page 11 as follows:

JALLOH ESQ refers this Court to Section 1 of the said Act which defines a Legal Practitioner as:'the entire case before this Court herein, hinges and should so be maintained, on this Court's consideration, interpretation and declaration as to who is a 'Legal Practitioner' under the Laws of Sierra Leone and no more or when does one become a 'Legal Practitioner' under the LEGAL PRACTIONERS  ACT 20001

any person admitted and enrolled to practice  law  as  a  Barrister  and Solicitor' JALLOH ESQ. of Counsel for the  Defendants/Respondents  submitted  further that the definition of a  Legal  Practitioner  under the  LEGAL  PRACTITIONERS ACT aforesaid is the same as the  definition  of a  Leqal  Practitioner  under  the Constitution of Sierra Leone 1991, section 23(11) of which defines a Legal Practitioner as follows:

the expression Legal Practitioner means a person entitled to practice as a Barrister and Solicitor of the High Court of Sierra Leone.'

JALLOH ESQ. of Counsel for the Defendants/Respondents submitted that based on the definition above, the only natural, plain or even purposive meaning of the words 'admitted and enrolled' as used in the said definition is to the effect that for a person to be considered a Legal Practitioner under the Laws of Sierra Leone, that person would have to inter alia, been called to the Bar and completed the mandatory pupillage prescribed by the LEGAL PRACTITIONERS ACT 2000, a submission which this court is inclined to uphold and also uphold his further submission that to be admitted and enrolled to practice law as a Barrister and Solicitor, in the same context it is used above, informs of that person having unlimited access to practice law in all civil and criminal matters in the Courts in our jurisdiction and hence the rights that such a person can appear in interlocutory applications and trials in the High Court of Sierra Leone, in appeals in the Court of Appeal and before the Court of Appeal and before the · Supreme Court in its appellate, supervisory and original jurisdictions.

 

0 . JALLOH ESQ. of Counsel for the Defendants/Respondents invited this Court's attention to Sections 9, 10 and 11, under PART Ill of the LEGAL PRACTITIONERS    ACT   2000   under    the   rubric    'ADMISSION   AND

ENROLMENT OF LEGAL PRACTITIONERS', submitting that the stipulations

• as contained therein, being a related and crucially important aspect in determining who is a Legal Practitioner is the consideration of what are the requirements for a person to become a Legal Practitioner. 0 . JALLOH ESQ ., submitted that, based on the stipulations above, for a person to be a Legal Practitioner, that person has to satisfy the following requirements.

 

1. Hold a Degree in Law awarded by the UNIVERSITY OF SIERRA LEONE and of such level as the COUNCIL OF LEGAL EDUCATION may prescribe or

 

1. Hold any Degree in Law of a recognised University or other institution of higher learning of a commonwealth country approved by the COUNCIL  OF LEGAL ELDUCATION or

 

3.   Hold any Degree in Law of a recognize a  university or other institution  of higher learning of a country with a legal system analogous to that of Sierra Leone, approved by the COUNCIL OF LEGAL EDUCATION,

 

1. Passes the appropriate professional examinations conducted by the COUNCIL OF LEGAL EDUCATION and

 

1. Served a period of pupillage of not less than twelve months with a Legal Practitioner of at least Ten (10) years standing in Sierra Leone.

 

0. JALLOH ESQ. of Counsel for the Defendants/Respondents submitted that having regard to the above requirements and the fact put before this Court that, the Plaintiff/Applicant only satisfied the requirement to be described as a Legal

 

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Practitioner in Sierra Leone, in other words the Plaintiff/Applicant only signed and was enrolled in the Permanent Register of Legal Practitioners on the 14th January 2011, the said Plaintiff/Applicant could only therefore be of eight (8) years standing at the bar as at the .date the said submission was made, being the 2nd July 2019. This Court holds the view that the submission of 0 . JALLOH ESQ. above is the same as him stating that the Plaintiff/Applicant as at the date aforesaid is yet to achieve the status of a Legal Practitioner who has reached the hallmark of Ten (10) years from the date he signed and was enrolled in the

Permanent Register of Legal Practitioners.

 

This Court holds the view that, whereas it is true that the Plaintiff/Applicant is yet to achieve the status of a Legal Practitioner who has reached the hallmark of Ten (10) years from the date he signed and was enrolled in the Permanent Register of Legal Practitioners, it would not readily at this stage and before it determines the meaning of 'standing' and interpretes how it is computed, uphold that the Plaintiff/Applicant is not a Legal Practitioner of at least Ten (10) years standing in Sierra Leone, a requirement which must be fulfilled before a Legal Practitioner can act as a Pupil Master with whom a pupil Barrister and Solicitor must serve a period of pupillage of not less than twelve months with, before he is regarded as a Legal Practitioner in compliance with the fifth (5) requirement above. In the circumstance this Court cannot uphold at this stage, the submission of 0 . JALLOH ESQ . above that, having regard to the fact put before this Court that, the Plaintiff/Applicant only satisfied the requirement to be described as a Legal Practitioner in Sierra Leone, in other words the Plaintiff/Applicant only signed and was enrolled in the Permanent Register of Legal Practitioners on the 14th January 2011, the said Plaintiff/Applicant could only therefore be eight (8) plus years standinq at the bar as at the 2nd July 2019 the phrase standing Bar which

 

  O.   JALLOH  ESQ. himself has

 

persistently used herein. By reason of his consistent  use of the said  phrase,  it is but proper that, contrary to his submission that 'standing' as used in the LEGAL PRACTITIONERS ACT 2000 is akin to 'status to practice' in Sierra Leone as a Legal practitioner, the said submission which this Court overrules, this Court substantiates why it holds the view that, the concept of 'standing' is distinct from 'status to practice' in Sierra Leone as a Legal Practitioner.

 

Quite apart from several other instances which this Court can give, for it to amplify the fact that 'standing' and 'status to practice as a Legal Practitioner' are terms which cannot be interchangeable, this Court only needs to determine the intention of the Legislature after it has considered and interpreted, Sections

 

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52(1) and 52 (2-) of the LEGAL PRACTITIONERS  ACT  2000, the same which provides thus:

 

'The GENERAL LEGAL COUNCIL, may after consultation with the Legal Practitioners Priviledges Committee, confer on a Legal Practitioner, the rank of Senior Advocate, which said rank shall not be conferred on any person unless he is not Jess than Fifteen (15) years standing as a Legal Practitioner and he has practised as a Legal Practitioner for not Jess than Twelve (12) years and his selection for the conferment of  the  rank complies with the selection criteria prescribed in regulations made by the GENERAL LEGAL COUNCIL in that behalf'

and up to January 2018, the Plaintiff/Applicant had always paid the fees for his annual practicing certificate based on his year of call without incident, protest or complain from the Defendants/Respondents who issued practicing certificates thereafter to him.