Nigerians In Ghana: Can They Practice Law?

Ghana and Nigeria are two countries in Africa with different requirements for becoming a licensed lawyer. In Ghana, there is only one law school, the Ghana School of Law in Accra, and only two ways to become a practicing lawyer. You can either qualify from the law school after two years of professional studies and be called to the Ghana Bar, or if you are already qualified as a lawyer in another common law jurisdiction, you can practice by obtaining a license from the Ghana Legal Council. Foreign lawyers can practice in Ghana if they are qualified in their home jurisdiction, have a letter of good standing from their home bar, and pass the exam in Ghanaian constitutional law and the customary law of Ghana. In Nigeria, you are required to attend university and study law for five years, followed by nine months of intensive training at the Nigerian Law School. At the end of the training, you must pass the Bar Part 2 Examination to be called to the Nigerian Bar.

Nigerian requirements to practice law

Aspiring lawyers in Nigeria must meet several requirements to practice law in the country. These requirements encompass educational qualifications, practical experience, and professional qualifications. Here are the Nigerian requirements to practice law:

Education

To meet the minimum educational requirement, aspiring lawyers must hold a recognized Bachelor of Law (LLB) degree from a university in Nigeria or any recognized university abroad. Candidates with undergraduate degrees from foreign universities will be required to undertake the Nigerian Law School Bar Part I programme, which covers important aspects of the Nigerian legal system.

Practical Training

The Nigerian Law School is the only institution mandated to provide practical legal training for aspirants to the Nigerian Bar. The school offers the Bar Part II programme, which educates and trains law graduates in vocational knowledge and practical skills. All courses in this programme are compulsory, and students must obtain at least a passing degree in all of them. The courses include Criminal Litigation, Civil Litigation, Corporate Law & Practice, Property Law, and Law in Practice (Ethics & Skills).

Bar Examination

Passing the Bar examination is mandatory for candidates to be admitted to the Nigerian Bar and to commence their legal practice. The Bar exam is challenging and comprehensive, consisting of multiple-choice and essay questions. Candidates who successfully pass the Bar exam gain the qualification to practice law in Nigeria.

Professional Membership

Membership in the Nigerian Bar Association (NBA) is mandatory for all lawyers practicing in Nigeria. Aspiring lawyers become members of the NBA by passing the Bar Final Examinations and receiving a call to the Bar from the Body of Benchers after completing their legal education.

Additional Requirements

The Council of Legal Education, established under the Legal Education Act, 1962, plays a crucial role in the admission process. The Council is responsible for issuing a qualifying certificate to individuals who successfully complete an academic year of practical training in the Nigerian Law School. Candidates must satisfy the Council of their good character and meet the admission requirements, which may include additional examinations, such as the English, Irish, or Scottish bar examinations, or the Solicitors' final examination of Great Britain and Ireland.

By fulfilling these requirements, individuals can pursue a legal career in Nigeria, gaining the necessary qualifications and competencies to provide legal services within the country.

Ghanaian requirements to practice law

To practice law in Ghana, there are a few requirements that must be met. These requirements apply to both citizens and non-citizens of Ghana. Here is a detailed guide:

Education Requirements:

To become a lawyer in Ghana, one must first obtain the necessary legal qualifications. This typically involves completing a law degree, such as a Bachelor of Laws (LLB) or an equivalent qualification, from a recognised university. It is important to ensure that the LLB programme covers the required subjects, including Criminal Law, Law of Immovable Property, Equity and Succession, Company Law, and Commercial Law. Additionally, students are expected to study at least one of the following: Natural Resources Law, Law of Taxation, Intellectual Property Law, Environmental Law, or Labour Law.

Admission to the Ghana School of Law:

After obtaining an LLB or equivalent, the next step is to gain admission to the Ghana School of Law. This is the only law school in Ghana, located in Accra. Both citizens and non-citizens of Ghana can be considered for admission if they meet the necessary requirements. For non-citizens, it is essential to have qualifications and licenses recognised in countries with legal systems analogous to Ghana's and to have a reciprocal arrangement with the country.

Professional Studies and the Ghana Bar:

Upon graduating from law school, individuals must complete two years of professional studies at the Ghana School of Law. During this time, they will gain practical legal knowledge and skills necessary for their career. After successfully completing the professional studies, individuals will be qualified to be called to the Ghana Bar, which is a requirement to become a practicing lawyer in Ghana.

Solicitor's License:

To obtain a Solicitor's License to practise law in Ghana, applicants must satisfy the General Legal Council, the body that issues the license. The requirements include demonstrating good character, holding a qualifying certificate from the Council, and practising law under the guidance of another lawyer for six months.

Work Opportunities and Judicial Aspirations:

With a license to practise law in Ghana, individuals can join law firms or chambers and begin their legal careers. It is worth noting that all lawyers admitted to practise in Ghana automatically become members of the Ghana Bar Association (GBA), which includes legal practitioners previously known as solicitors and barristers, as well as magistrates. For those aspiring for judicial positions, the path typically starts with gaining experience as a lawyer. After practising law for at least five years, one can become a Circuit Court Judge. With ten years of practice, lawyers can become High Court Judges, and with twelve years, they can aspire to be Court of Appeal Judges. The pinnacle of the judicial career, a seat at the Supreme Court, requires at least fifteen years of experience as a practising lawyer in Ghana.

Foreign lawyer requirements in Ghana

Foreign lawyers are permitted to practice in Ghana, but they must meet certain requirements. To obtain a Solicitor's License to practice law in Ghana, issued by the General Legal Council, an applicant must:

• Satisfy the Council that he/she is of good character.
• Hold a qualifying certificate from the Council.
• Practice for six months in the chambers of another lawyer, who has been a lawyer for no less than seven years.
• Have the required qualifications from their home jurisdiction.
• Hold a letter of good standing from their home bar, which must be certified by the General Legal Council.

There is only one law school in Ghana: the Ghana School of Law in Accra. To become a practicing lawyer, one must qualify from the law school after two years of professional studies and be called to the Ghana Bar. Alternatively, if one is already qualified as a lawyer in another common law jurisdiction, they may be eligible to practice in Ghana if that jurisdiction has a reciprocal arrangement with Ghana.

Ghana School of Law requirements for citizens of Ghana include:

• Obtaining their LPC / BL/ BVC / BPTC final transcripts and Practice Certificates at the time of their application.
• LLB subjects studied should include Criminal Law, Law of Immovable Property, Equity and Succession, Company Law, and Commercial Law.

For non-citizens of Ghana to be considered for admission to the Ghana School of Law, they must be qualified and licensed to practice law in countries with a system of law sufficiently analogous to that of Ghana and have a reciprocal arrangement with Ghana.

English language requirements for foreign students in Ghana include an English language level equivalent to IELTS 6.0 or above with a minimum of 5.5 in each component.

Nigerian education requirements

Aspiring lawyers in Nigeria must meet several requirements to practice law in the country. These requirements include academic qualifications, practical experience, and professional qualifications.

To meet the minimum educational requirement, aspiring lawyers in Nigeria must have a recognised Bachelor of Law (LLB) degree. This can be obtained from a university in Nigeria or any recognised university abroad. The LLB degree must be a five-year program. Additionally, the candidate should have completed the mandatory National Youth Service Corps (NYSC) program or obtained an exemption.

After obtaining their LLB degree, individuals must enrol in the Nigerian Law School, the only institution mandated to provide vocational legal training for aspirants to the Nigerian Bar. The law school curriculum is practical and designed to enhance the skills and knowledge of law graduates. The duration of this intensive training is typically nine months.

At the end of their law school training, aspiring lawyers must sit for and pass the challenging and comprehensive Bar Part 2 Examination. Those who pass are then called to the Nigerian Bar by the Nigerian Body of Benchers and enrol as legal practitioners before the Supreme Court of Nigeria. They also become members of the Nigerian Bar Association (NBA), which is the umbrella body for all legal practitioners in the country.

To maintain their practising license, lawyers in Nigeria must complete a minimum of 12 Continuing Legal Education (CLE) units annually. They must also renew their membership with the NBA yearly by paying the Bar Practising Fees.

Ghanaian education requirements

Foreign lawyers are permitted to practice law in Ghana, provided they have the necessary qualifications from their home jurisdiction. The General Legal Council (GLC) is the primary institution that regulates legal education in Ghana and enforces professional and ethical standards among Ghanaian lawyers. The GLC also issues Solicitor's Licenses to practice law in Ghana.

To qualify for admission into the Ghana School of Law, the sole institution responsible for training law graduates in the Professional Law Course (PLC) programme and the Post-Call Law Course, a student must have graduated with an LLB degree. The PLC is designed for law graduates who have obtained an LLB degree and passed the entrance examination. The Post-Call Law Course is designed for Ghanaians or non-Ghanaians who have qualified in common law jurisdictions outside Ghana, with a legal system analogous to Ghana. Upon completion of either course, the graduate is qualified to practice law in Ghana.

The Ghana School of Law's website outlines the entry requirements for the Professional Law Course, which include:

• Passing an Entrance Examination
• Passing prescribed subjects/courses for admission to the Professional Law Course
• Passing any one of the following subjects: Natural Resources Law, Law of Taxation, Intellectual Property Law, Environmental Law, or Labour Law

In addition to the above, applicants who are admitted to undertake the Professional Law Course are enrolled as Barristers-at-Law and Solicitors of the Supreme Court upon successful completion of the course.

It is worth noting that the Ghana Bar Association (GBA) is a professional association that all lawyers admitted to practice in Ghana automatically join. The GBA determines the legal fees of lawyers.

Frequently asked questions