Ghana Bar Association at the Crossroad; Sankofa! Or Yenkonkoaa! – A Call for Introspection and Retracing

Frederick Gurah Sampson September 4, 2024 6:21 pm 0

“…. For a very long time, the Ghana Bar Association acted as the conscience of the nation. When they speak, everybody shivers.…In times of challenges and difficulty, the GBA has made its voice heard, offering clarity and direction, shaping the national conversation, and getting the right things done. It is not for nothing that the nation expects this from its lawyers…. The GBA however has been very quiet in instituting any constitutional cases of late. Many people have been wondering why the Bar is silent……It makes sense therefore for me to urge the GBA to champion this movement again to state their views on some topical matters, for example, a few years ago, His Excellency the President, tabled a motion for the election of MMDCEs. The debate was ongoing, in the national space, when all of a sudden, there was a big U-turn by one of the major political parties and the request was withdrawn. Many of us expected the Bar Association to have spoken on that matter. Whether we should elect our DCEs or not…” Jones M. Dotse JSC at the GBA Conference in Ho, 2022

Introduction

The Ghana Bar Association (GBA) is an association of lawyers called to the Bar (by a body known as the General Legal Council (GLC) established by law[1]) to practice law in the Republic of Ghana. As an association of professionals, it has in no doubt been at the forefront of National development, the fight for democracy, the rule of law, the Nation’s quest for progress amongst several others. The GBA has been seen by many and rightly so as the conscience of the nation, such that its voice on national issues is sought after and very respected when the voice is heard. The role the GBA has played in the past has endeared many people in time past to the Association and even influenced some people on their career choices. The voice of the GBA has until recently not been silent on national issues, sometimes suo muto and without people calling for the view or voice of the GBA on pertinent national issues. In recent times however, the GBA has come under some criticism from citizens and other civil society organizations about the silence of the otherwise vociferous association of legal professionals. While some believe these concerns are genuine, others take a contrary view. Issues have happened in our Republic and while other professional organizations have commented, the GBA is surprisingly silent, even when the issue borders on law, human rights, its alleged abuses, and these in the author’s view sometimes warrant the voice of the GBA. Some have even to the chagrin of the author, accused the GBA of being in a romantic relationship and in bed with one political party, called into question the relevance of the GBA in the national affairs of Ghana and especially the recent regime under the 4^thRepublic. The GBA has been called to stand up for the defence and upholding of freedom and justice.[2] The author in this paper is burdened to examine the Ghana Bar Association, its glorious past or history, the current state of the GBA and makes suggestions on how to get back to the roots (Sankofa), instead of proceeding ‘business as usual’ (Yenko nkoaa). For Socrates said, “The unexamined life is not worth living.”

The Ghana Bar Association

On the website of the GBA is found inter alia thus, “The Ghana Bar Association, (GBA) a member of the International Bar Association, is a professional association of lawyers in Ghana, including what used to be called solicitors and barristers but are now called legal practitioners, as well as lawyers. By convention, all lawyers admitted to practice in Ghana became automatic members of the Association.”[3] The author is doubtful whether the position is still one of automatic membership upon being admitted to practice in Ghana without more. The website continues thus, “Originally, the Ghana Bar Association did not exist as a formal institution in the sense in which we know it today. In those far off days there were, of course very few lawyers at the Bar and what could be called a bar association was simply an informal meeting of gentlemen at the Bar which was more a social gathering than anything else. The tradition developed whereby the most senior member of the Bar was designated the leader of the Bar. The Association in its informal existence had no officers and kept no minutes of its meetings. It is thus difficult for any researcher to find out exactly what the activities of the Bar Association were in those days. It was only recently, in fact within the last quarter of the century, that our Bar Association has kept formal minutes of all its meetings and kept all other records maintained by important professional organizations world-wide…”[4] The Bar Association drew its first formal constitution and code of ethics in 1958, and from then on except for a few occasions when due to political reasons an annual conference has not been possible, the Bar Association had held a conference annually, take important decisions and to elect its officers who hold office for only one year but are eligible for re-election. The Bar Association considers that in this sense it is one of the most democratic institutions in this country and it is not for nothing that its members, from the first Ghanaian barrister, John Mensah Sarbah, onwards have fought for the establishment and maintenance of democracy in this country.”[5] The potency, importance of the Bar Association cannot be overestimated. “So important has been the voice of the Ghana Bar Association that various governments of various political hues have attempted at one time or the other to control the Association, but none has succeeded.…… The Ghana Bar Association has continued to maintain its independence of all organs of government and has at all-time not failed to oppose governmental measures or measures proposed by the judiciary or the legislature that it considers inimical to the democracy or to the larger interest of the people of this country.”[6]

As a body of professionals, the GBA is governed inter alia by its own Constitution, Code of Ethics and Regulations. The Constitution of the GBA provides inter alia for the objectives, membership and governance related issues. For purposes of this paper, the author will comment on some relevant provisions. Article 2 provides for the Object of the GBA which is a requirement of law and a condition precedent for registration as a professional body[7] as follows: “(1) The object of the Association is to concern itself with all matters affecting the legal profession in Ghana and shall for that purpose take such actions as it considers expedient and necessary; (2) Without prejudice to sub clause (1) of this clause, the Association shall concern itself with (a) the defence and upholding of freedom and justice in Ghana; (b) the maintenance of the honour, independence and integrity of the legal profession; (c) the maintenance of the independence of the Judiciary; (d) the organization and promotion of legal education; (e) the maintenance of professional standards, discipline and etiquette; (f) the establishment and maintenance of a system of efficient legal aid and advice; (g) the promotion and support of law reform and pursuit of legal research; (h) the furtherance of good relations between the Association and similar organisations of lawyers in other countries; (i) the promotion of human rights and fundamental freedoms as defined under the United Nations Universal Declaration of Human Rights and Fundamental Freedoms, the African Charter on Human and Peoples Rights, the Constitution, 1992 of Ghana, and other international treaties and conventions to which Ghana is a party; and (j) the conferment of honour on deserving members.

The above is the essence of the GBA and so whatever the GBA does must find expression in the advancement of any of these. It is important to set this out at the onset because in the author’s view any assessment of the GBA must primarily be on the basis of its objectives as an association and how it has lived by it.

The Glorious days of the GBA

From its inception, the GBA has been a force to reckon with in our democracy and good governance, something the association prides itself with to the extent that it has found expression on its website[8] and rightly so. It has been admired for the role it has played and stance it has taken in time past. It is therefore not surprising that, in moments of national challenges and controversy, its voice on issues would be sought and if not heard, disappointment is the obvious logical consequence. In lamenting about the current state of the GBA, the respected former Supreme Court Judge, Justice William Atuguba, who as at 2015 believed that the GBA has become toothless said that, “…The glorious days of the Ghana Bar Association which stood up consistently and strongly for the rule of law, today same cannot be too readily said. There is widespread perception that party politics has eaten deep into the ranks and clouded its potent militancy.”[9] The learned William Atuguba JSC continued to recall how the GBA fought against the military rule under I.K Acheampong in the 70s and its record of speaking out against human rights abuses in the past. He said, “It appears to be moved to speak out on important national issues from the slant of political party colouration.”[10] In the glorious days of the GBA, it has had to take principled stances sometimes even against high-ranking officials like Chief Justices of our Republic among others. Famous of such stance include the famous and celebrated case of Ghana Bar Association v Attorney-General[11] (the Abban case), in which the GBA in the 1990s challenged the appointment of no less a person than the Learned Chief Justice I.K. Abban on principled grounds that he is not of a high moral character and proven integrity, to which the author shall return, the case of Ghana Bar Association and 3 Others v Attorney-General[12], Richard Dela Sky v Attorney-General,[13] Kwasi Danso Acheampong v Attorney-General (consolidated)[14] in which the GBA went to the Supreme Court over the appointment by the President of some Supreme Court Justices[15].

The above cases show how militant the Ghana Bar Association has been in the past, as a result of which there is a kind of a legitimate expectation that GBA cannot afford to lose sight of. In the case popularly referred as ‘the Abban case’, Ghana Bar Association v Attorney-General, the GBA took issue with the President for the appointment of the Honourable Justice Isaac Kobina Abban as the Chief Justice of the Republic of Ghana. In that case, the President had on 15^th February 1995 appointed a Supreme Court Judge, Justice I.K. Abban as the Chief Justice after the term of Chief Justice Philip E. Archer. The appointment of I.K Abban had been made after consultation with the Council of State and approved by Parliament under a Certificate of Urgency. The GBA took issue with the appointment that same sinned against Article 128(4) of the 1992 Republican Constitution of Ghana, that the learned I.K. Abban was not a man of high moral character and proven integrity and therefore lacked what some have termed the software qualification for the appointment. Article 128 (4) of the 1992 Constitution, for the avoidance of doubt and ease of reference provides that, “A person shall not be qualified to be appointed as a Justice of the Supreme Court unless he is of high moral character and proven integrity and is of not less than fifteen years standing as a lawyer.” The plaint of the GBA at the time, was that the appointee (Abban JSC) did not qualify by virtue of certain issues.

The alleged issues included without limitation to the fact that his appointment as a Supreme Court Judge was not approved in the Third Republic, because he did not meet the standard of high moral character. That in the unreported case of Republic v Appiah, Circuit Court Accra, the court presided over by Judge Owusu Sekyere on a material issue disbelieved the evidence of the learned I.K Abban who was a witness in the suit. Again that in the report of the Francois Commission of Inquiry, which was set up to investigate the jail-break of certain persons from the Ussher Fort prison in November 1979, the said commission expressed its disquiet about the conduct of I.K. Abban as chairman of the tribunal, but he failed to initiate the necessary investigations relating to the destruction or existence or non-existence of a number of warrants.

The GBA again contended and laid another accusation against the learned I.K Abban flowing from the celebrated case of the New Patriotic Party v Attorney-General[16] (31^st December Case) in which case the GBA contended that the learned I.K. Abban misrepresented as the speech of Dr. K.A Busia, Prime Minister in the second Republic, what was in fact an editorial view point of the 24 February 1970 edition of the Daily Graphic. The GBA further contended that after the misrepresentation was pointed out to him (I.K Abban) in a personal letter by K. Mensa-Bonsu, who was in the court and witnessed the reading, I.K. Abban surreptitiously altered the relevant passage at page 28 of his reasons for judgments to create the impression that he had made no such misrepresentation. It is this issue that brought about the famous or infamous page 28 case of Republic v Mensa-Bonsu and Others; Ex Parte Attorney-General[17]. The decision of their Lordships in the Supreme Court and the principles enunciated in the Abban case is not the focus of this paper and the author shall resist strongly the temptation to discuss same. What is essential to the author for purposes of this paper is the fact that the GBA took up and spoke as the voice of conscience against the appointment of a person the GBA at the time thought, did not have the requisite qualification for the appointment. The GBA did not limit its actions only to the militant advocacy, but went beyond that to institute a constitutional action, the principles from which case have been beneficial to students and practitioners of Constitutional law. It remains to be seen whether the current GBA can do any such.

In another case at the Supreme Court in 2015, entitled Ghana Bar Association and 3 Others v Attorney-General and Another[18], the GBA sued over some issues based on a position the association and some of its leaders took. The three other Plaintiffs in that case were the respected Nene A. O Amegatcher Esq. (President of the GBA at the time) who later became Nene Amegatcher JSC[19], the respected Justine Amenuvor Esq. who was the GBA Secretary as well as respected Frank Beecham Esq. a former President of the GBA. The other Defendant was the Judicial Council. The GBA in this suit took issue with the persistent failure of Presidents in the Fourth Republic to seek the advice of the Judicial Council before the appointment of Justices to the Supreme Court[20]. In addition to the suit by the GBA, there were similar suits like Richard Dela Sky v Attorney-General,[21] Kwasi Danso-Acheampong v Attorney-General.[22]This suit was commenced barely 24 hours after H.E. President John Mahama at the time appointed and sworn into office the learned Justice Yaw Apau and Mr. Gabriel Pwamang as Justices of the Supreme Court. It was the contention of the Plaintiffs that in the appointment of justices to the superior courts of judicature, the Judicial Council had a constitutional obligation to specifically advise the President as to which persons are suitable for such appointments. The Supreme Court dismissed the suit by the Plaintiff and enunciated several principles of law which the author proposes shall be the focus of another paper. What is instructive and worth stressing in the author’s view for purposes of this paper is the activism of the GBA in those days and in such instances. It is regrettable that same cannot be said of the noble association of lawyers in recent times. In fact, it is recalled that when a very respected lawyer and lecturer, was nominated as a justice of the Court of Appeal, it took some non- lawyers, who took issue with the appointment, Kwame A Plus[23] and Brogya Genfi[24] to take an action in the Supreme Court to challenge the nomination[25] before the Supreme Court, while the GBA remained silent.

Events in Ghana and the Silence of the GBA

There are several events or issues that have happened in Ghana that citizens and organisations of similar minds have expected to hear the voice or position of the GBA thereon, some of which shall engage the author’s attention herein. In no particular order, one is the invasion of the Parliament house by the Military on 6^th January 2021[26]. Another such event is the unwarranted attack on the residents of Ashaiman over the regrettable killing of a military officer,[27]prevented residents from moving out against their will,[28] not a single statement was heard from the GBA. This is regardless of the fact that one of the objectives of the GBA under Article 2 of its Constitution is the protection of the human rights and fundamental freedoms as defined under the United Nations Declaration of Human Rights and Fundamental Freedoms, the African Charter on Human and People’s Rights, the Constitution of Ghana etc. Later it was reported that the GBA paid a courtesy call on the Ghana Armed Forces.[29] The Ghana Center for Democratic Development (CDD) rather called for an investigation and sanctioning of the culprits.[30] There was an alleged shut down of a media house Oyerepa fm. in Kumasi because of comments of a political commentator,[31] the voice of the association was heard more in silence, even though it had to do with media freedom which is enshrined in the Constitution of the Republic.[32] In the Government’s DDEP programme when pension funds were affected and people’s bonds suffered contractual breaches, including pensioners, several professional bodies made their voices heard, but the GBA was silent, although that was an infringement of the property rights of citizens and the GBA ought to be concerned.

The Ghana Medical Association rather issued a statement and indicated its position,[33] not because of the health implications of the DDEP, but because it affected contractual and earned rights, a matter of law, the GMA even threatened an industrial action if government proceeds in that manner.[34] In fact, in more recent times, when there was the controversy about SSNIT disposing part of its interest in some hotels to Rock City Hotel, several professional bodies took a position and made their voices heard, but then again the GBA maintained its silence. The Ghana Medical Association made its voice known loud and clear.[35] Organized labour took a position and threatened an industrial action of all its members,[36] and called for the cancellation of the transaction[37] and indeed the transaction was aborted. Other events which the public expected the GBA to be heard were, the spillage by VRA some parts of the Volta Region which displaced many persons,[38] the unlawful removal from office of the then Auditor General Daniel Yaw Domelovo[39], it took some Civil Society Organisations to commence an action at the Supreme Court[40] which Court allegedly rendered its judgment belatedly, declaring the step taking by the President as unconstitutional[41].

In 2021, before the annual Bar Conference in September 2021, a group of lawyers or would I say some members of the GBA who seemed unhappy with the posture of their otherwise darling association had cause to issue a statement[42] calling on the GBA to use its conference that was being held in the Upper East Regional Capital to navigate a clean break from the Association’s recent history. The author believes this was a genuine call for an introspection and a desire to retrace its steps to its glorious past from a recent history one could not be proud of. In the words of these lawyers, “This conference comes at a time when all-time confidence in the GBA is at its lowest; and the reputation of the GBA as a vanguard of truth, justice and accountability has lost its shine.” They continued that, “Gradually, over the course of our longest democratic era, we are pained to see that the Ghana Bar Association has lost its fire in its belly and its role as the guardian of the little person. The Association we love has lost its voice and its fire. It has lost its desire to fight for democratic accountability. We have allowed our lights to dim so low, that we have disappeared as protectors of this democracy.”[43] They further in reference to the GBA said thus, “Our disengagement has been felt. Our indolence has allowed illegality, abuse of rights and injustice to fester. The Ghana Bar Association today looks like a pale shadow of itself. The moral weight of its history now stands devalued by successive leaderships that have given the Association little sense of purpose or direction. Not only does our history indict us, but our present counts only as proof of how much we have defamed this Association and made cheap its promise to concern itself with the defence and upholding of the freedom and justice in Ghana.”[44] The author suggests that these comments are genuine and ought not to be dismissed, especially so, when it comes from a group of lawyers from diverse background. It calls for an honest introspection and the necessary conversation must be had if need be.

In recent times, especially under the Presidency of Nana Addo Danquah Akufo Addo, who is a former President of the Greater Accra Regional Bar Association and a proper bar person[45], the GBA has been criticized as being an appendage of the party in power and sometimes these attacks or criticism even affects non-partisan members of the GBA. Some have even gone to the extent of accusing the GBA of going to sleep when the New Patriotic Party (NPP) is in power and whether the GBA will wake up when the NDC comes to power in 2025. Former President Mahama is reported to have urged the GBA to overcome the perceived partisan leanings and consistently advocate for the national interest irrespective of the political party in power.[46] He remarked that, “GBA spoke about perception. Well, what’s the reality? Does the GBA go to sleep when the NPP is in power and wake up when the NDC is in power? We will see. In 2025, we shall see whether you will wake up. But it’s true. You know yourselves that it is true that when the NPP is in power, they do the most outrageous things and you are quiet.”[47] He continued, “And yet when the NDC is in power, the least mistake, and the GBA has issued a press release. And you know it’s true. So the point is the truth is one and the truth is the same under Rawlings, it is the same under Kufour, it is the same under Mills, it is the same under John Mahama, it is the same under Akufo-Addo. The Truth does not change.[48]”It was his view that, if the GBA is concerned with people’s rights, GBA is concerned with protecting human rights and freedoms, it must be consistent under any administration, not only concerned under some administrations and not under other administrations.[49]

These comments were made when he was addressing a town hall meeting with labour unions in Kumasi at the Great Hall of the KNUST.[50] The GBA is accused of allowing it platform to be used for political capital against the opposition party and that it discriminates against the NDC.[51] The President of the Republic, in his address at the GBA conference in 2023[52] made some remarks in relation to some comments by Former President Mahama. President Akufo-Addo in his address to conference remarked that, “I have gone into this matter in detail because of a new issue which has been introduced into our public discourse by no less a public figure than the fourth president of the fourth republic, John Dramani Mahama who has told the world that I have packed the courts with so-called NPP judges and that one of the key purposes a putative NDC victory in 2024 will be to enable him to balance the courts with so-called NDC judges.”[53] He continued that, “Not only are these concepts new in our public discourse but they are also extremely dangerous and represent the brazen attack on the independence of the judiciary by the allegedly responsible politicians.”[54]

In fact, after the 2023 GBA conference, the association came under attacks, as is the custom of being an appendage of the NPP. One such was reported thus, “Nobody is surprised that the legal wing of the NPP also known as the Ghana Bar Association (GBA) has given its platform to President Akufo-Addo and the Attorney General to throw tantrums and attack the person of the former president. It vindicates the position we raise that Ghana’s entire judicial and legal architecture is an NPP appendage…”[55] In fact, the President of the GBA has had cause to debunk such allegations at several programmes[56]. So much so that even in the year 2023, the GBA had to come out and issue a press statement to the effect that the GBA is not an appendage of the ruling government.[57] This was necessitated by issues that arose from the GBA’s 2023 conference which was held at the University of Cape Coast between 10 and 15 September 2023. The author does not recall whether there has been any time in the history of the GBA where it had cause to come out to debunk the assertion that it was an appendage of any political party until recently.

At the 2022 GBA conference in Ho, the learned Dotse JSC representing the Chief Justice had cause to complain about the lack of activism of the GBA. He called on the GBA to break its silence on national issues.[58] He wondered like many other Ghanaians including the author, why the GBA is silent on national issues in recent times while the GBA provides a balanced and nationalistic opinion on issues devoid of partisan politics. He remarked in his address thus, “it is useful because when the Bar speaks everybody knows that they speak from an enlightened position and not from the partisan position. It makes sense therefore, for me to urge the GBA to state their view on such topical matters.” In this light the respected retired Supreme Court Judge speaking for the then Chief Justice, called the GBA to re-live the era of numerous constitutional actions today.[59] He opined that, “In times of challenges and difficulty, the GBA has made its voice heard. Offering clarity and direction, shaping the national conversation and getting the right things done.”[60] He said, “For a very long time, the Ghana Bar Association acted as the conscience of the nation. When it speaks, everyone shivers. The GBA however has been very quiet in instituting any constitutional cases of late. Many people have been wondering why the Bar is silent.”[61] These are comments coming from a known and respected jurist of our Supreme Court and same ought not be taken lightly if the GBA is conscious of its image vis-à-vis what the author calls the glorious past of the GBA.

In the same 2022, the GBA held its annual conference in the serene Oxygen city of Ho. At the opening ceremony as has been the custom, conference is addressed by several key important figures of state including the learned Attorney-General who is known to be the official leader of the Bar. In his address to conference, the learned Attorney-General is expected to share a statement on the theme for conference and can sometimes with a blank cheque takes the liberty rightly so to comment on some national issues of concern. At the conference in Ho, the learned Attorney-General made statements that did not go down well with some members of the audience. He in his statement responded to comments made by the Former President which sought to attack the Judiciary and attacked the leader of the Opposition party for presenting a frivolous petition to the Supreme Court in challenging the election 2020 results. He remarked thus, “The Judiciary has shown consistently that it is the last line of defence for our country.

It was thus with great dismay and embarrassment that I heard a person who has occupied the highest office of State, former President John Mahama, recently launched an unwarranted attack on the integrity of Ghana’s Judiciary. And I observed that this was really the latest instalment of systematic and caustic attacks on our courts by the former President, albeit unjustified. I am compelled to comment on same in this address because they border on the security of the state and constitute a deliberate pattern of conduct aimed at undermining the independence of the Judiciary, an arm of government whose autonomy is crucial to its proper functioning. Such conduct is clearly deplorable, coming from one who has occupied the highest office of President and aspires again to that office. At this moment, it is important for all to note that I express this sentiment not because I stand in opposition to former President Mahama as a Politician. My dismay is founded more on the fact that I am a lawyer, and every lawyer ought to be concerned about these kinds of views expressed by a political leader in this country.” [62] The learned Attorney General continued thus, “It will be a sore omission if I fail to recognise that there has been other leaders of the political party to which former President belongs – the National Democratic Congress (NDC). I do not recall either the late Jerry John Rawlings or the late Prof. John Evans Atta Mills mount such a systematic and deliberate campaign of hate against the judiciary. In fact, never once did Mr. Mahama’s former boss, Prof Mills launch any attack at all on the Judiciary.

Closely examined, one will notice that the source of the former President’s unjustified attacks on the Judiciary is the unanimous dismissal by the Supreme Court of his rather porous election petition, which was indeed dead-on arrival and bound to be dismissed by any court worth its salt in any country. One cannot fail to note that his petition before the Court in 2021 was a bundle of incompetent claims devoid of any substance. As stated already, the allegations of “wrong aggregation of votes” and “vote padding” which he put before the Court, collectively involved only 6,622 votes, a figure which could not in any wat affect the outcome of the presidential election. It is therefore perplexing how, if such a petition is dismissed by the Court, it should form the basis for allegations of unfair treatment by the Court. It ought to be understood that it is the duty of the courts to administer justice according to law. The court is not a mercy chamber to serve justice based on sympathy or affection.”[63] These comments generated huge national controversy with people fortified that the GBA has allowed its platform to be used for politics and an attack on the opposition party.

The author is not oblivious that some elements in the National Democratic Congress (NDC) opposition party has made it a point to attack the bench and the bar at the least opportunity. The GBA through its P.R.O was of the view that, “The Attorney General is the official leader of the Bar and, at an annual conference like this, he addresses lawyers and I think that is the best platform to admonish lawyers because it is expected that most lawyers would be at the conference.”[64] The P.R.O of the GBA went on to say thus, “He did not use the conference to talk about only the former president. His concern is that ‘you are lawyers; the former president who is a non-lawyer made this statement. I thought you would have at least said that Mr. Candidate, Mr. Leader of party, former president, you should have said so.”[65] The author takes the view that, upholding or maintenance of the independence of the judiciary is an object of the GBA and indeed a duty to all lawyers.[66] The former President had prior to this, met the lawyers of his political party at a conference, at which conference, he made certain comments against the judiciary.[67] He had alleged that the ruling NPP had parked the judiciary with NPP-affiliated judges, with over 80 already appointed and more to come. He said, “currently, the judiciary is parked with NPP-inclined judges because this government has carried out a deliberate policy of putting their people onto the bench. He has appointed the biggest number of judges onto the bench, it is more than 80 towards 100 and counting. You can see what the current president has done. He has packed the court, and we know they have packed the court because they want to avoid accountability after they have left office.”[68] Going on, the former president at the said NDC Lawyers Conference said, “If people are not poking fun about politics and inducement being used to sway the hand of justice in the lower courts then it is poking fun and making statements about the 7:0 of the unanimous FC Verdicts which mostly involve cases of a political nature in our Supreme Court, this is an unfortunate but serious development…”[69]

These were some of the comments which in the author’s view the Attorney-General as leader of the Bar had cause to respond to. It was this response that attracted attacks from some person who perceived the GBA as a support group of the NPP. One member of the NDC and a non-lawyer remarked sadly that, “The Ghana Bar Association itself is a pitiful NPP support group that lost its luster and moral authority a long time ago. Using their platform to launch partisan attacks on critics of the judiciary including President Mahama only affirms this. A serious grouping would be discussing judicial reforms and would not be giving approbation to the historical hostility towards one side of the political divide”.[70] It was therefore not surprising that it was in the news that the learned Speaker of Parliament, Albert S.K. Bagbin is reported to have said that he was no longer a member of the GBA and announced that he had quit the Ghana Bar Association over bias conducts.[71]”He made this known when some leaders of another association of Lawyers, Law Society of Ghana, to which the author shall return, had gone to pay a courtesy call on the speaker and congratulated him on his new position as the President of the Commonwealth Leaders. The acting President[72] of the LSG later debunked the reportage that the Speaker of Parliament had resigned from the GBA.[73] It however emphasized a certain degree of revulsion of the learned Speaker about the GBA and his wishes for a change for a better Bar Association committed to its aims, objectives and ethics.[74]

During the Republic v Dr. Cassiel Ato Forson and Another trial in the High Court, there was an allegation of improper conduct against the learned Attorney General which became a topical national issue. As the leader of the Bar with such an allegation against him, one would have expected to hear from the GBA on its position, either to issue a statement to support or condemn its leader, but that was not the case. The GBA came under attacks over its silence in that regard.[75] Those concerns in the author’s view were justified seeing as part of the GBA’s objectives is the maintenance of the honour, independence and integrity of the legal profession according to Article 2(b) of the GBA Constitution.

The author however admits that in some instances the GBA has taken a position that is worthy of commendation. In all these instances, the Public Relations Officer of the GBA has come out to condemn certain statements the GBA considers improper and unbecoming of the GBA or its members. First, the GBA rejected the statements by the President of Ghana on statements he made at the 2023 Conference in Cape Coast. As is the practice, the president as a member of the Bar Addresses conference every year and in 2023, the president in his address made certain statements on the platform of the GBA at its conference. Many people criticized the President for using the GBA platform to attack his political opponent.[76] Other non-lawyers took the same view that it was wrong for the President to use the platform of the GBA for politics.[77] The Public Relations Officer (P.R.O) of the Association came out and roundly condemned the statement and unwarranted attack on the opposition leader[78] and the author suggests that was a commendable step. This step provided some relief to some persons who were unhappy with the tagging of the GBA as an extension of the New Patriotic Party (NPP). To some of them the GBA has found its voice.[79]

Secondly in the recent decision by the Court of Appeal in the case of Republic v Dr. Cassiel Ato Forson and Another[80] which reversed the decision of the trial court on the submission of no case. After the decision, the Attorney-General issued a statement disagreeing with the decision and indicated his decision to lodge an appeal. In so doing certain words were used that in the view of the GBA seemed unbecoming of the Attorney-General. Again, the GBA did not mince words in calling the learned Attorney General to order.[81] The PRO of the GBA said thus, “Assuming the decisions were made in his favour, would he be using such words? He [Attorney General] is the leader of the Bar. We shouldn’t expect him to be using such words. You could say you disagree with the verdict of the court, and you will take steps. I think that is what everyone does.”[82]

The President of the GBA, Yaw Boafo Esq. at the 2023 annual Bar Conference, had cause to register the associations displeasure against the lethargic manner of action against public officers and appointees of President Akuffo Addo.[83] In another breath, the GBA is reported to have cast a damming verdict on President Akufo-Addo’s fight against corruption, because several acts of corruption have gone uninvestigated and sometimes persons involved and indicted in these corruption activities are cleared of any wrongdoing.[84] The GBA has recently questioned the procedure used by the Chief Justice regarding the appointment of some new Supreme Court Judges.[85]

Maybe the GBA is not silent as people think, perhaps they are speaking, but maybe their voice is not loud enough as the association is known for.

Is the solution with formation of the Law Society of Ghana (LSG)?

Justice Jones Dotse in his address to Conference in 2022, had this to say, “All is definitely not well with the Association. This is because we have started to see signs of factionalism in the profession. Quiet recently I heard a group of lawyers who issued a statement, if this is not checked, has the potential of destroying the GBA and I believe the GBA is capable of managing the storm.” Due to the dissatisfaction of some lawyers with the actions and inactions of the GBA, another association or society of lawyers formed what has become known as the Law Society of Ghana (LSG). The LSG was established on 28^th February 2022 as a company limited by Guarantee under the Companies Act of Ghana, with registration number CG012690222. It is believed to be a society of lawyers who take the view that the GBA has not lived up to its expectation and hence they seek to provide an alternative for lawyers. Its formation generated some debate, and some believe its formation will serve as an alternative professional association for lawyers.[86] The author suggests that the formation of a rival or alternative group of lawyers, is not and cannot be the solution to the challenges with the GBA. Indeed, the LSG is not the first of such rival association of lawyers formed purporting to break the monopoly of the GBA, there was the Bar Association of Ghana formed by the learned T.N. Ward-Brew, which appears to be inactive, neither did its formation solve the challenges it sought to achieve. Perhaps it is apposite to be reminded of the quotation from the Holy Bible when the Apostle Peter in Acts 5:29-33. When the council members heard the answer, they became angry to the extent of wanting to kill the apostle. “But one of the members was the Pharisee Gamaliel, a highly respected teacher. He ordered the apostles to be taken out of the room for a little while. Then he said to the council, People of Israel, be careful what you do with these men. Not long ago Theudas claimed to be someone important, and about 400 men joined him. But he was killed. All his followers were scattered, and that was the end of that. Later, when the people of our nation were counted, Judas from Galilee showed up. A lot of people followed him, but he was killed, and all his followers were scattered. So I advise you to stay away from these men. Leave them alone. If what they are planning is something of their own doing, it will fail. But it God is behind it, you cannot stop it anyway, unless you want to fight against God….”[87]

Are members of the LSG still members of the GBA?

There was at the inception of the LSG a discussion on the status of the members of the LSG. While one must concede to an extent that the LSG is a rival society of lawyers and law students, it is the author’s view, that membership of the LSG does not prevent members from retaining their membership of the GBA. As it stands, there is no provision in the GBA Constitution that prohibits its members from joining rival associations or societies. It therefore stands to reason that; it may be possible for a member of the LSG to even be elected as a President of the GBA and nothing can be done to prevent same in that regard. Article 4 of the GBA Constitution provides on membership that, “Every lawyer shall upon his enrolment in Ghana apply to be a member of the Association and shall upon becoming a member, pay to the Association such registration fee as may be determined by the General Council of the Bar.” The 1992 Constitution of Ghana also provides that, “All persons shall have the right to, freedom of association, which shall include freedom to form or join trade unions or other association, national and international, for the protection of their interest.”[88] This constitutional provision has received judicial blessing and endorsement by the Supreme Court in cases like Mensima v Attorney General[89] and New Patriotic Party v Attorney-General.[90] It therefore seems to the author, that until there is an amendment to the GBA Constitution, a member of the LSG can still retain his or her membership of the GBA the only qualification for membership being one’s enrolment as a lawyer in Ghana and applying to join the GBA. It is also not a known position whether the GBA will decline membership application on the basis of one’s previous membership with the LSG. One can therefore safely conclude that the GBA admits of dual membership.

There is also the issue of the appointment of lawyers to statutory boards and institutions as required by some legislation. The existence of rival professional bodies presents a challenge if a statute requires the appointment of lawyers unto certain positions. For example, where a statute requires the appointment of a lawyer and the law makes it expressly that the lawyer must be a member of the Ghana Bar Association, there comes the challenge if not all lawyers are members of the Ghana Bar Association but belong to any of the other association, Bar Association of Ghana (BAG) or the Law Society of Ghana (LSG). There are several of such legislation but for brevity the author shall select a few. Under the Immigration Service Act,[91] the governing body of the Immigration Service is a Council that consists of persons including…”one representative of the Ghana Bar Association who is of at least ten years standing at the Bar.”[92] The Insurance Act also provides in this regard thus, “The governing body of the Commission is a Board consisting of …..(d) a lawyer of not less than ten years standing at the Bar with the relevant experience in the insurance industry nominated by the Ghana Bar Association”[93]. The Legal Aid Commission also makes a similar provision that, “The governing body of the Commission is a Board consisting of (a) Justice or a retired Justice of the Superior Court of Judicature as the Chairperson ……… (g) two representative of the Ghana Bar Association (i) of not less than ten years at the Bar, and (ii) with relevant experience at least one of whom is a woman.”[94] These are only but a few of such legislation and the author takes the view that in an era where there are bound to be multiple association of lawyers, there is the tendency for discrimination if the representation is limited only to the Ghana Bar Association without more. There in the author’s view may be a challenge, if some lawyers elect not to join the GBA but the LSG or T.N. Ward Brew’s BAG or any such that may come up. The author suggests a critical look at this issue and possible changes made, if need be, with subsequent legislation.

Impending GBA Elections

The GBA is this year in accordance with its constitution[95] having its annual conference in the Garden City of Kumasi between the 8^th and 13^thSeptember 2024 under the theme, “Peaceful, Fair and Transparent Elections: Key to Sustainable Democracy.” Key on its agenda for this year is the election of new National Officers since the executives led by Lawyer Yaw Boafo brings their term to an end. The Presidency is between two fine materials from the Greater Accra Regional Bar, a former President of the Greater Accra Regional Bar who served for two terms, Mrs. Efua Ghartey, (EG) and her successor Agbesi Dzakpasu, (AD) the current President of the Greater Accra Regional Bar. The campaign has started; the stakes are higher. The GBA is at the crossroad to elect its leader. The kind of leader the GBA elects will go a long way to show whether the activities of the GBA will be business as usual, what the author terms Y3nko nkoaa, or it will go back to its roots and return to the glorious days of the GBA. At a time when people have had cause to complain about the GBA losing its voice, relevance and significance in national conversation, the author suggests that the better way to go is Sankofa and the GBA needs a leader who is bold, experienced and can lead the GBA to take its proper place in nation building. We need a GBA President who will lead the Association for its voice to be heard when needed and matters. The author believes that, among other considerations, this (the image and future of the GBA) should be on the minds of lawyers who will be casting their votes to elect the next GBA President at Conference 2024.

Recommendations

The author recommends that to get back to the glorious days of the GBA, the following must be taking into consideration and pursued by the leaders and members of the Association.

1.Avoid unnecessary partisanship

First, it is recommended that the GBA and its leaders must avoid unnecessary partisanship. The members of the GBA are lawyers simpliciter, as has been said elsewhere, there is nothing like an NPP lawyer or an NDC lawyer. The training of lawyers in the faculties and professional law school has no course, subject or topics as NPP law or NDC law. It is unfortunate however that because of excessive partisan politics, lawyers are divided on many issues in Ghana from the stand point of their partisan political interest. It is therefore not uncommon to hear people being referred to as NPP lawyer or NDC lawyer and in most cases, these lawyers’ interpretation of the law is politically tainted, even if it defies logic and any principle of law. When lawyers see themselves as an association of lawyers, political twists being given to legal issues will be reduced to the barest minimum and the GBA will be seen as one umbrella organization with a united front.

2.Focus on the objectives of the Association and live by same

Every association has its main objects of its formation. That is what ought to drive the association and the GBA is no exception to this. The objectives of the GBA as stated in Article 2 of its Constitution is clear and laudable. It is suggested that if the GBA focuses on its mandate and objectives, members will be committed to the association and render every support it needs in order to achieve its aims. The Association should be seen by its members to be protecting the interest of members. There has been concerns that the association does not protect its members enough and that depending of which political divide one finds himself, the Bar Association can sacrifice you. Fortunately, or unfortunately, not all members of the GBA wear partisan political colours. The author suggests that if the members of the GBA see that the association is interested in their welfare, members will be interested in the affairs of the GBA.

3.Respect decisions taken by the Association

As members of an association, all are bound by the decisions taken by the leaders elected to manage the affairs of the association. The tendency where members go to town to express disagreement with decisions taken by executives duly elected does not augur well for the association. Indeed, in responding to the comments by Atuguba JSC, Frank Davis alluded to the fact that the tendency for members to disrespect decisions taken by the GBA is part of the reasons people seem to this the GBA is divided. The Constitution of the GBA provides that “Decisions and resolutions made and passed at the Annual General Conference shall be binding on all members of the Association.”[96] Before decisions and resolutions are made and passed, members are given the opportunity either directly or through representation to make inputs. If decisions are made thereafter, it becomes the decision of the whole Association and therefore does not lie in the mouth of members to express their disagreement in a manner that brings the association into ridicule and public opprobrium.

4.Reach out and Embrace

It is obvious that there are some worthy of consideration. To the extent that some members have taken the step to form a rival or alternative professional body (LSG). Justice Jones M. Dotse was apt when he cautioned the GBA to be mindful of such factionalism before it destroys the Bar Association, a position the author associates with. It is suggested that the new leadership should reach out and take all concerns on board. Those that cannot be pursued, explanations given to ensure that there is an understanding.

5.Self-Examination by External Stakeholders.

At the annual Bar Conferences, the practice has been that conference is usually addressed by persons who are internal to the GBA or legal fraternity. It is suggested that since the GBA does not live in isolation but in a community with other stakeholders, occasionally it will be important to offer a platform to other non-lawyers to address it based on how they see the GBA as an association. An outsider or a non-lawyer is in a position to give an assessment on how the ordinary citizen or person perceives the association and provide useful feedback. A person cutting the path doesn’t know that is crooked, is a well-known adage in Akan. It will not be the first of such, in 2023, at the Conference of the Pharmaceutical Society of Ghana, the guest speaker was a non-Pharmacist, Sir Sam Jonah[97] and it is believed that if considered will offer an opportunity for other stakeholders or persons from other professions to give valuable feedback.

Message to the Next President of the GBA

It will be a sore omission on my part in this piece to end without a message to the next President of the GBA. Leadership they say is a cause, every other thing is an effect. Whoever emerges successful after the GBA elections 2024 has a united bar to build. The GBA like any other association of professionals have had and will continue to have its challenges. Even issues from the elections must be managed well so as to keep the unity of the Bar. That is what makes the association a human association, but the GBA cannot afford to lose sight of its relevance in nation building. The forebears and leaders, the likes of Robert Samuel Blay (R.S Blay) the first President of the GBA from (1957 to 1959) and (1960 to 1962), Archie Casely-Hayford President from 1959 to 1960, J.B Danquah (1962 to 1963), Victor Owusu (acting president from 1963 to 1965 and from 1965 to 1966), William Ofori-Atta (1966 to 1967), Joe Appiah (1967 to 1970), Joe Reindorf (1970 to 1971), Edward Nathaniel Moore (1971 to 1972), J.B Quashie-Idun,(1972 to 1976), J.F.K. Adadevoh, (1976 to 1979), W.A.N. Adumoah-Bosman, (1979 to 1981), E.D. Kom (1981 to 1982), J.K. Agyemang, (1982 to 1985), Peter Ala Adjetey, (1985 to 1989), Anthony K. Mmieh (1989 to 1992), Nutifafa Kuenyehia (1992 to 1995), Sam Okudzeto (1995 to 1998), Joseph Ebow Quashie, (1998 to 2001), Paul Adu-Gyamfi, (2001 to 2004), S. Kwami Tetteh, Frank Beecham (2009 to 2012), Nene A.O. Amegatcher, (2012 to 2015), Benson Nutsukpui (2015 to 2018), Anthony Forson Jnr. (2018 to 2021), Yaw Acheampong Boafo 2021 to date, together with their team of executives have done their part, they have laboured and the next leadership must build on the foundation of our forebears. These are great and famous men. They ought to be praised as brave and strong, who graced their generation, they helped the right and fought the wrong and made our folk a nation.[98] This is your time to make the GBA proud once again, take the GBA back to its glorious days to occupy its proper place. Get your name earned on the GBA Hall of Fame. Having said these, Congratulations in advance to whoever emerges, whether A.D or E.G!

Conclusion

The GBA is an association with members who want the association to progress and achieve its objectives as set out in its constitution. Like any other, it may have its challenges, but that does not mean it has lost its significance or relevance. There are concerns that ought to be taken into consideration, the attitude of the GBA and its leaders should not be dismissive of those concerns, neither should it be met with a liaise faire attitude. As an association, obviously some members will be of the view that the concerns being expressed by critics are not genuine, or are borne out of ignorance, some peculiar interest or bias or motivation, but whatever it is everyone must be given a hearing if the GBA will forge ahead as the strong body of legal professionals that it was. All members must be committed to this noble association, all hands must be on deck. If politicians or other professionals fail our nation, the GBA cannot and should not. Until then, as the eminent writer Ama Atta Aidoo wrote of a bird singing, “One early morning, When the moon was up, shinning as the sun, I went to Elmina Junction, And there and there, I saw a wretched ghost, Going up and down, Singing to himself, Shall I go to Cape Coast Or to Elmina, I don’t know, I can’t tell.” May this not be so and be said of our GBA. May we as an Association not miss our providential way nor full direction need. God Bless Ghana Bar Association!!!!! Long Live the GBA and its members. God bless our Homeland Ghana.

[1] Legal Profession Act 1960 (Act 32)

[2] https://www.change.org/p/ghana-bar-association-ghana-bar-association-stand-up-for-the-defence-and-upholding-of-freedom-and-justice

[3] https://ghanabar.org/

[4] https://ghanabar.org/about-us/

[5] ibid

[6] ibid

[7] Professional Bodies Registration Act, 1973 (N.R.C.D 143)

[8] https://ghanabar.org/about-us/

[9] https://www.modernghana.com/news/610952/renegade-lawyers-undermining-powerful-clout-of-gba-former.html

[10] ibid

[11] [1995-96] 598

[12] Suit No. JI/26/2015

[13] Suit No. JI/21/2015

[14] Suit No. JI/22/20015

[15] https://www.graphic.com.gh/news/general-news/gba-sues-a-g-judicial-council-over-appointment-of-supreme-court-judges.html

[16] [1993-94] GLR 35 SC

[17] [1995-96] 1 GLR 377

[18] Suit No. JI/26/2015

[19] Justice of Supreme Court

[20] https://www.graphic.com.gh/news/general-news/gba-sues-a-g-judicial-council-over-appointment-of-supreme-court-judges.html

[21] Suit No. JI/21/2025

[22] Suit No. JI/22/2015

[23] Kwame Asare Obeng

[24] Deputy Director of Special Duties of the National Democratic Congress (NDC)

[25] https://dennislawnews.com/article/maxwell-opoku-agyemang-not-qualified-for–recommendation–nomination-as-justice-of-court-of-appeal–a-plus–brogya-genfi-to-sc

[26] https://citinewsroom.com/2023/03/soldiers-invade-ashaiman-allegedly-brutalise-residents-over-colleagues-death/

[27] https://betterghanadigest.com/2023/03/07/dozens-of-residents-arrested-and-maltreatment-in-ashaiman-by-military/

[28] https://citinewsroom.com/2023/03/soldiers-invade-ashaiman-allegedly-brutalise-residents-over-colleagues-death/

[29] https://gafonline.mil.gh/publication/news/ghana-bar-association-executives-call-on-cds

[30] https://www.myjoyonline.com/cdd-ghana-urges-government-to-sanction-soldiers-implicated-in-ashaiman-swoop/

[31] https://www.myjoyonline.com/oyerepa-fm-shuts-down-in-compliance-with-kumasi-traditional-council-order/

[32] Article 162 (1) 1992 Constitution “Freedom and independence of the media are hereby guaranteed”

[33] https://www.ghanaweb.com/GhanaHomePage/business/DDEP-Stay-away-from-our-pension-fund-ndash-GMA-cautions-government-1711694

[34] https://dailyguidenetwork.com/ddep-gma-threatens-strike-over-alleged-inclusion-of-doctors-pensions/

[35] https://www.myjoyonline.com/ssnit-hotels-sale-doctors-to-lay-down-tools-as-organised-labour-begins-strike/

[36] https://theheraldghana.com/workers-anger-strike-force-akufo-addo-govt-out-of-ssnit-hotels-sale-but/

[37] https://www.myjoyonline.com/cancel-proposed-sale-of-ssnit-stake-in-hotels-organised-abour/

[38] https://panafricanvisions.com/2023/10/volta-river-authority-spills-over-26-thousand-ghanaians-displaced/

[39] https://citinewsroom.com/2020/06/akufo-addo-directs-domelevo-to-proceed-on-accumulated-leave-beginning-july-1/

[40] https://cddgh.org/2020/10/csos-go-to-supreme-court-over-auditor-general-daniel-domelevos-forced-leave/

[41] https://citinewsroom.com/2023/05/supreme-court-declares-akufo-addos-directive-for-domelovos-forced-leave-unconstitutional/

[42] https://3news.com/news/confidence-in-gba-at-its-lowest-lawyers-on-the-bar-conference/,

[43] ibid

[44] ibid

[45] One known to have the matters of the Bar at heart and has been at almost every GBA conference, Martyrs Day service whether in opposition or in Government.

[46] https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Does-the-GBA-go-to-sleep-when-the-NPP-is-in-power-and-wake-up-when-the-NDC-is-in-power-Mahama-questions-1913341

[47] ibid

[48] ibid

[49] ibid

[50] https://3news.com/featured/we-will-see-in-2025-if-the-gba-will-wake-up-mahama-takes-on-gba-over-selective-criticism-of-political-administrations/

[51] https://citinewsroom.com/2023/09/ghana-bar-association-now-toothless-bulldog-favours-npp-amaliba/

[52] At the 2023 GBA Conference in Cape Coast

[53] https://citinewsroom.com/2023/09/akufo-addos-criticism-of-mahamas-judiciary-remarks-hypocritical-and-irresponsible/

[54] ibid

[55] https://citinewsroom.com/2023/09/akufo-addos-criticism-of-mahamas-judiciary-remarks-hypocritical-and-irresponsible/

[56] https://www.modernghana.com/news/1267119/ghana-bar-association-not-appendage-of-any-politic.html

[57] https://citinewsroom.com/2023/09/were-not-an-appendix-of-the-npp-gba/