A: Prologue
“Every
regime, since independence, has had its sizeable share of intelligence
fabricators and intelligence peddlers… Some
of the stories they concoct may be harmless incidents deliberately fabricated
into security situations. Or they may be outright lies which they deliberately
manufacture. The motives are several. Some may fabricate those lies to settle
personal, sectional or political scores. Others may fabricate those stories for
some personal financial gain or other advantage. And others too do it because
of some bogus emotional satisfaction they derive that they are part of the
security network. A kind of perverted James Bond attitude. Whatever their
motivation, they remain a treacherous destructive lot…
Over
the years so much incalculable harm has been done to so many people because of
false reports that have been made against them. Some of the victims suffered
unduly long periods of detention. Some suffered physical and mental
brutalities. Some lost their lives. Some had disrupted marriages. Some
completely lost their means of livelihood because of the processes they had to
endure in the security system. Worse still some got devastated by the stigma
that they had come to security notice. The stigma stuck to some of them
stubbornly and unshakably forever…
In
the end, it is the security system that comes under hostile fire in such
situations.”[1]
[1]
Kofi B. Quantson, GHANA: PEACE AND SECURITY – CHAPTERS FROM THE INTELLIGENCE
SECTOR (2000) (Revised edition) p. 107
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B: What I missed while I was
wide awake
Ignorance is bliss. I get it. But choosing not to keep abreast with happenings on “socials” can be pretty embarrassing. Such was my fate when I chanced on the video of Mr. Martin Kpebu on a news portal, bemoaning the utterances of a certain “Meal.” As was revealed in the clip, the said “Meal” had overtaken a certain “Protagonist” in a competition in enhanced sharp-teethism. Other panelists in the video clip appeared to concur in the rather alarming submission of Mr. Kpebu. I was at sea. Thus, I decided to go and find out things for myself. And boy, did I find things!
Armed
with the happenings around the said “Meal-Antagonist” and past events,
including previous arrests of persons believed to be her, I set out to get myself
educated on the evolving enigma. I learned a certain Ms. Baffoe, a mother of
four – including a 4-year old - is the latest mutation of the “Meal-Antagonist”
now resting in the bosom of the State. As the news go, the lady was arrested in
the dead of night in her hometown somewhere near Techiman in the Bono East
Region.
She
was allegedly taken to Accra without her family’s knowledge. Days later, she
was brought before the Circuit Court, Adenta, Accra. Her bail application made
through her lawyer was denied. She was remanded in custody for two weeks, to
reappear on 30th September.
The
sequence of events portray a worrying pattern of wanton disregard for rules on
territorial jurisdiction of courts and principles of bail applications. Not too
long ago, there was a similar incident where certain persons arrested in Wa in the
Upper West Region allegedly for crimes committed there were driven down to
Accra to be prosecuted.
There
is also the example of the late Major Maxwell Mahama criminal trial that was conducted
in Accra when the offence was allegedly committed in Denkyira Obuasi in the
Central Region. In the end, the Court of Appeal overturned the conviction
imposed by the High Court constituted by a Justice of the Supreme Court
(sitting as additional High Court Judge), who spent almost her entire time on
the Supreme Court Bench handling a High Court criminal trial.
But
I digress.
From
this point, I decided to follow the circus in the matter of Ms. Baffoe to avert
any further embarrassment occasioned by my acute ignorance of ‘trending’
matters.
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C: The battle of infamy:
Meta-verse vs. Land Cruiser
Before
the 30th of September court date would arrive, Ms. Baffoe’s
lawyer(s) filed a repeat application for bail at the High Court, Accra. On the
return date, the assigned vacation Judge did not sit.[2] As it is fashionable these
days, Ms. Baffoe’s lawyer walked majestically out of court, spotting a broad
smile, ready to meet and address the teeming crowd of bloggers, journalists,
pseudo-journalists and on-lookers. Before Honourable Esquire could reach for
his prepared speech in his breast pocket, EOCO sent a Meta-versed woman to
seduce him.
[2] I thought vacation judges sitting at the High Court primarily held virtual sessions
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But for the cowardly backup men assigned on the beat with Ms. Meta-Verse, Honourable Esquire would have joined the next day’s virtual court proceedings from a two by four cell at EOCO. By the end of the ensuing melee precipitated by the seduction, Honourable Esquire had flown to Parliament House for safety, leaving behind his Un-Honourable Esquire co-Counsel to negotiate for his damages for assault and battery.
D: BNI: The door of no
return?
A
few months ago, the Presidential spokesperson, no less, had announced the
arrest of two lawyers who had accompanied their clients to BNI as Counsel in a
case relating to the State’s abrogated PDS contract. One of the lawyers is a very
senior lawyer of almost 40 years standing at the Bar. The other is a lactating
mother, as it later emerged. The impossible bail conditions imposed on them
ensured that they spent the night in BNI cells.
What
manner of crime warrants such treatment of lawyers by EOCO and BNI? There can
be no greater assault on the legal profession and the rule of law than lawyers
risking arrests and detention in the line of duty. One would have thought that the
worst days of the legal profession were behind us.
At
custom, the chief’s palace is regarded as a sanctuary of safety. Anyone under
threat who sought refuge there could be sure of protection. Under common law
principles, the courts, police stations and the premises of other security agencies
are supposed to be bastions of safety where citizens fleeing from danger could
seek refuge. When these same institutions become fair grounds for harassment
and intimidation, not of citizens but the very persons who are mandated by their
training and calling to protect citizens’ rights, then democracy has truly taken
a turn for the worse.
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E: The naked illegality dancing
in the corridors of justice
In
the last few days, a flyer has been circulating announcing the membership of the
maiden governing body of the Council for Legal Education & Training (CLET).
The list of persons who are eligible to form the membership of the CLET, as
stated in its constituent law, does not include the Chief Justice.[3] Under the law, there are
two qualifying criteria for chairperson of the CLET position. First of all, a
person who qualifies to be appointed as chairperson of the Board of the Council
must be a retired Justice of the Supreme Court. Mr. Justice Paul Baffoe-Bonnie
is not a retired Justice of the Supreme Court. He is the sitting Chief Justice.
Therefore, he does not qualify to chair the Board of CLET.
[3] Section 4 (1) of the Legal Education Act, 2026 (Act 1170) states, among others, thus: “The governing body of the Council is a Board consisting of (a) one retired Justice of the Supreme Court or a person who qualifies to be appointed as a Justice of the Supreme Court, nominated by the President, as chairperson.”
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Secondly
and in the alternative, a person who qualifies to be appointed as chairperson
of the Board of CLET must be a person who qualifies to be appointed as a
Justice of the Supreme Court. Again, Mr. Justice Paul Baffoe-Bonnie is not a
person who qualifies to be appointed as a Justice of the Supreme Court. In
fact, he has attained and risen above such qualification. He has been a Justice
of the Supreme Court. He has outgrown the Justice of the Supreme Court status to
become Chief Justice. By the reasoning in the Gertrude Sackey Torkornoo v Attorney-General line of cases, once a
person elevates from being a Justice of the Supreme Court to Chief Justice, the
person cannot return to the position of Justice of the Supreme Court for
purposes of enjoying the status and perks that go with that position.
In simple terms, if one decides to move higher on the judicial ladder, one sheds the old position and permanently assumes the new. There is no room for one to jump up and down the judicial office ladder as and when their self-interest and those of their appointors dictate.[4] Consequently, since Mr. Justice Paul Baffoe-Bonnie is the Chief Justice and not a Justice of the Supreme Court, he does not qualify to chair the Board of CLET.
[4] This reasoning is one of the grounds that make the continuous resort to
“additional judge” concept problematic. Once a judge is appointed to a
particular court on the judicial ladder, it is inappropriate to bring them down
to a lower court to handle cases
[5]
If the Chief Justice is positioning himself unlawfully on the CLET to secure an
allowance-based post-retirement employment and also control the future of legal
education in Ghana, his approach is unlawful, untidy and embarrassing. He
should keep his eyes solely on his reserved seat on the Council of State. If
that suits him not, he can resort to pro-bono baby-sitting duties for his
grandchildren since Madam is still in active service. If all else fail, he can
secure a solicitor’s licence, like a few of his previous colleagues in
retirement, and resort to preparing motions and bail applications in Chambers for
a living post-retirement
F: The orphan with two
living parents
In
the light of these happenings on the legal front, there has not been any
effective action from either of the two associations of lawyers, namely; Ghana
Bar Association (GBA) and Ghana Law Society (GLS). Coincidentally, both
associations are holding their conferences in this month of September, the same
month when lawyers and the future of the legal profession have come under severe
assault.
To
be fair, the GBA reportedly issued a statement the other day recounting the two
incidents involving lawyers on one hand, and EOCO and BNI on the other. This is
2026. The days when the ‘press’ meant Daily Graphic/Ghanaian Times and Ghana
Broadcasting Corporation (GBC) are long gone. These days, if a one and half
page document is written and forwarded ‘to whom it may concern,’ it will not
concern anyone. The serious threats to the freedom and independence of the
legal profession as epitomized by the two terrible incidents recounted earlier demand
more than a lifeless piece of paper floating in the air. It reminds one of the metaphorical
throwing of a stone against an elephant’s hip.
The
incidents about lawyers under discussion were both carried around the world in
full video format for maximum damaging effect. If the GBA’s statement will have
any effect at all, it must be delivered by human beings who could be heard and seen.
The intended recipients consume audio and visual messages, not verbiage. They
must see and hear the GBA.
As
for GLS, to the best of my knowledge and information, they are yet to address either
of both issues in any form or shape. This is quite surprising. One of the main
aims of the GLS’s formation was, among others, to forge an association that
will not be selective in its defence of lawyers, unlike ‘Asomasi.’[6] In the two instances under
review, one expects the GLS to write more than a love letter. The GLS must
speak and state its position, whatever it may be. That will demonstrate that
they meant their word. For now, though, their silence is too noisy.
It
is doubtful if doctors in this country with only one association - the Ghana
Medical Association – will sit on their hands and watch while their fellow
doctors are rounded up on hospital premises like common criminals by state
security agents in the full glare of their patients and colleagues, while one
thousand blogger cameras beam the spectacle live around the world on various
social media platforms.
It
is for this reason that the Ghana Registered Nurses and Midwives Association
must be commended for sending representatives to give Ms. Baffoe moral support
during her court appearances. The association saw the need to reach out to a
member in distress, though the alleged reasons for her arrest and detention do
not relate to her work as a nurse; it relates more to political/security frustration.
That is the essence of an association.
To
further accentuate the current state of our lawyers’ associations, both the GBA
and GLS are yet to address how the Chief Justice thought it wise to get himself
appointed onto a body of which, by its constituent Act, he could not be a
member.[7] Real orphans are the ones
who live in two-parent homes and yet, walk about with their genitals exposed.
G: Conclusion:
The
despicable spectacle at the High Court premises occurred in the clear view of
the world. The cameras and microphones that went for news on Ms. Baffoe served
as the conduit through which the whole world saw us for who we truly are. In
our elements, the rehearsed meekness of the Ghanaian was gone. So was the
ever-present Bible quotations. And the silly “yes please … yes please.”
We
despise ourselves so much that the sanctity of the premises of the High Court
of Judicature is deemed the most appropriate place to humiliate a practicing lawyer
in the full view of the entire world. Yet, the best our lawyers associations
can do is either to look the other way, or apply timid pressure by issuing statements
that its own members will find tiring to read. In any environment with a
properly-aligned Judiciary, the Chief Justice would have condemned such acts
intended to desecrate the courts and its officers.
As
the legal profession appears to be orphaned despite having two associations,
its members have become easy prey for wounded lions seeking retribution. No
country or civilization anywhere in the world worth its name ever thrived
through such means. Those who should know better have also joined the bandwagon,
breaching the very laws that have been passed under their watch.
Let
us allow the devils of yesterday to live with themselves. The country needs to
forge ahead. Our citizens are not fixated on what happened yesterday. They are
concerned about and interested in what happens today. And it is what they see
happening today that will determine their course of action tomorrow.
[6]
For literal translation, please see Prof. Opanin Agyekum of Linguistics Dept.,
University of Ghana, Legon, Accra
[7]
The Legal Education Act, 2026 (Act 1170) was gazetted on 11th May,
2026. Chief Justice Baffoe-Bonnie was the sitting Chief Justice when the Act
was passed and became operational. In the wisdom of Parliament, Chief Justice
was excluded from the governing Board. How could the President so blatantly
bastardize a law that was passed by a Parliament in which his party had super majority?
