BRAIN DRAIN AND JUSTICE DELIVERY SYSTEM IN THE GAMBIA
By Siaka Saidyleigh | Department of Business and Management Studies | Strategic Human Resource Management
Brain drain causes human capacity deficits in many developing (origin) countries, including The Gambia. Added to human capital loss, origin countries often fail to recover and or earn returns on huge financial resources and time devoted to train the citizens who immigrate with their skills to other countries. More specifically, this study examines how the departure of trained lawyers from the Gambia between 1994 and 2016, during the second republic impacted adversely on effectiveness and efficiency of the justice delivery system of the Gambia. However, few researchers have scientifically investigated the primary causes and consequences of the phenomenon. Therefore, this study aims to examine factors that encourages the emigration of Judges, lawyers and judiciary officers and the impact it had on the soundness of justice delivery system in the Gambia. Information for the study was collected using sample surveys (questionnaire) and key informant interviews, analysed descriptively and presented as frequency tables, percentages, and charts. The findings indicate firstly that the repressive tendencies during the second republic caused some of the judicial officers and private lawyers to flee. However, some of the fleeing lawyers of the Gambian origin found good jobs abroad and remitted substantial sums to family members and friend back home. Among other things, it is strongly recommended that the current government of President Barrow adhere strictly to the doctrine of ‘separation of powers’ between the executive, legislative and judiciary arms of government to encourage more lawyers to return and check brain drain in the judiciary and other sectors of the Gambian economy and society.
Keywords: Brain Drain, Justice Delivery System, Migration, Judiciary, emigration