Our Heritage

Our Heritage 

Fana Fana Chambers was established in approximately 1978 by the late Alhaji Fafa E. M'Bai, one of The Gambia's distinguished legal practitioners, scholars and public servants.

He obtained a BA (Hons) from Keele University, an LL.B (Hons) from the University of London and an MA (Int Politics). He was called to the Bar of England and Wales by the Honourable Society of the Middle Temple in 1975 and subsequently practised as a Barrister and Solicitor of The Gambia.

A respected legal scholar, he authored numerous books and scholarly essays addressing law, constitutionalism, society and philosophy. His writings, together with his contribution to public life and legal practice, formed an enduring intellectual legacy.

A Life in Public Service

Alhajie Fafa E. M'Bai served twice as Attorney General and Minister of Justice of The Gambia, first from 1982 to 1984 and subsequently from 1994 to 1995.

Both appointments came at periods of profound political uncertainty in The Gambia.

His first appointment in 1982 followed the attempted coup against President Sir Dawda Jawara, which led to the intervention of Senegalese forces and the restoration of the constitutional government. His second appointment came in 1994, following the military coup that brought Lieutenant Yahya Jammeh and the Armed Forces Provisional Ruling Council to power.

In both periods, he assumed office at a time when the country faced exceptional challenges and required a strong commitment to the institutions of law and government.

His approach to public office was grounded in the rule of law, constitutional government, human rights and public accountability. He was particularly forthright in his opposition to corruption and the misuse of public office.

During his service under the Jawara Government, he was instrumental in establishing the Asset Evaluation Commission, through which the assets and interests of public officials were to be examined. His insistence on accountability brought him into conflict with powerful political and economic interests.

During his second tenure as Attorney General and Minister of Justice, from 1994 to 1995, Alhaji Fafa E. M'Bai became deeply involved in efforts to establish a constitutional framework for The Gambia following the military takeover of 1994.

He was instrumental in the development of a proposed new Constitution intended to provide a pathway from military rule back to constitutional government. Among its important provisions was a limitation of the tenure of the presidency to two terms, together with constitutional arrangements requiring the military to return to its barracks and political authority to be restored to civilian institutions.

The proposed constitutional settlement was incompatible with the military leadership's desire to retain political power. As a consequence, the reform process did not proceed and the proposed Constitution was ultimately abandoned. Alhaji Fafa E. M'Bai subsequently left the office of Attorney General.

His departure marked the end of a period in which he had sought, through law and constitutional reform, to establish institutional safeguards against the concentration and perpetuation of political power.

This episode reflected a principle that ran throughout his public and professional life: that constitutional government must be founded upon institutions, limitations on power and accountability to the law.

His commitment came at a personal cost. His periods in office were curtailed amid circumstances in which his independence and insistence on the rule of law placed him at considerable personal and professional risk. Nevertheless, he remained committed to the principles that had defined his public life.

The Chambers and International Practice

Fafa E. M'Bai also established a significant reputation in private practice.

Under his leadership, Fana Fana Chambers represented Luis Diaz De Lusada Construction Ltd in proceedings against the Government of The Gambia in an important international commercial arbitration before the International Centre for Dispute Resolution in London, resulting in a multi-million-dollar arbitral award.

The matter demonstrated, at an early stage in the Chambers' history, its capacity to undertake complex commercial disputes with an international dimension.

Legal Reform and Jurisprudence

Fafa E. M'Bai subsequently served as Chairman of The Gambia Law Reform Commission, contributing to the development and consideration of legal reform in The Gambia.

His professional life therefore spanned private practice, public service, legal scholarship and law reform. His contribution was not confined to the representation of individual clients; he was engaged with wider questions concerning constitutional government, the administration of justice, public accountability and the development of Gambian law.

A Continuing Legacy

The Chambers carries forward a tradition established by its founder: independence of thought, commitment to the rule of law, rigorous legal practice and service to the public interest.

While Fana Fana Chambers has evolved to meet the legal and commercial realities of a changing Gambia and an increasingly interconnected world, its foundation remains the same.

A legacy of legal practice. A modern international outlook.