A: Introduction
For anyone who is acquainted with the
Anglican faith, 13th November is celebrated as the holy day of St.
Monica.[1] St. Monica was the
righteous woman who begat St. Augustine of Hippo. So one can imagine her
reverence in Christendom. I was bred on the sprawling campus of St. Monica’s Schools
Complex in Mampong, Asante –“Each for all, and all for God.” My mother taught for
several years at the Training College department. Thus, I started nursery and
primary 1 schooling at St. Monica’s Primary (I.J. or Infant Junior) School before
I was moved to Senyah International School. But I returned to St. Monica’s JSS
at age 10 and continued to St. Monica’s Secondary for both my O’ and A’ Levels.
Even when I was attending Senyasco, I lived and grew up at St. Monica’s
Training College. So, I have witnessed many “St. Monica’s Day” celebrations to
last me a lifetime.
There is one such celebration of St. Monica’s
Day that is eternally etched on my mind. It was somewhere in the early 1980s.
That year, I.J. (Primary department) and Training College department decided to
have a “joint” celebration. The venue was the quadrangle in front of the
Training College Administration Block. The pupils from I.J. were to put up a
performance depicting how people from different tribes and cultures say
“welcome” in their native languages. To give maximum cultural effect to the
programme, each participant dressed to look the part of an indigene of the
culture they represented. So, there was an Akan, a Hausa, an Ewe, a Ga, a
French, an English, a Nigerian and so forth. It was simply surreal. When they
filed onto the stage, we the spectators went into a frenzy. We clapped and
cheered and screamed in excitement. Seriously, I felt disappointed that I was
no longer a pupil of I.J. No, scratch that. I was green with envy for having missed
a lifetime opportunity to speak one of those exotic non-Twi languages.
As it turned out, the young girl who dressed
as a Yoruba, one Martha, (I even remember her name to this day), was the most
resplendent of them all. She appeared in a rich costume, looking in every way
like a successful Yoruba businesswoman.[2] We, the wide-eyed
spectators, screamed and clapped to herald her majestic approach onto the stage.
Now, when the microphone was directed to her
to give her recitation in the Yoruba language, dear Martha became speechless.
No matter the great effort the MC and the teachers who prepared her put in, she
just could not say “ekaabo,” meaning ‘welcome’ in Yoruba. In the end, Martha
had to be taken off the stage in all her glory, with her tongue stuck to the
roof of her mouth. We felt sad for Martha. All the same, she was nicknamed
“ekaabo.” Even so, only those who could match her in physical strength dared
say it to her face. I never ventured.
We have all encountered our own versions of ‘Martha
moments,’ I believe. Life will be dull otherwise. We mostly tend to have a
special empathy for anyone who suffers stage fright and loses their voice. But
when the ‘person’ bears a corporate persona, the feeling is different.
It is for this reason that over the years, many
members of the Ghana Bar Association (GBA), myself included, have had occasion
to raise issue with the Bar’s silence on matters of professional and national
interest. It is also for the same reason that when it emerged that on 24th
April, 2025 the GBA issued a statement on the now-suspended Chief Justice’s
palaver, many of us sighed in relief; we had found our voice and overcome our
‘Martha syndrome.’ At least, that was until we saw the tasteless assemblage of words
that neither soothed nor stung. So much for the protection of the independence
of the Judiciary!
B: Unconstitutional ‘conference’ to declare
constitutional process unconstitutional
Apparently, the disappointing 24th
April Statement embarrassed the GBA. Thus, there was a need to ‘try again.’ The
GBA had forgotten about the adage: Measure twice, cut once! So, within 48 hours
of issuing the Statement, the GBA (personified by the General Council[3]) conceived a fine idea and
held what has been described as a “mid-year conference.” The GBA Constitution,
2021 does not provide for any such ‘mid-year conference.’ Indeed, the GBA
Constitution provides for only the following general meetings for the general
membership of the Bar:
1.
Annual General Conference;[4]
2.
Special General Meetings;[5]
3.
Regional or Forum Annual Meeting;[6] and
4.
Regional or Forum General Meetings.[7]
Out of these four meetings, only two are
convened by the General Council of the Bar, and led by the National President
of the GBA. These are the Annual General Conference and the Special General
Meetings.[8]
i) Annual General Conference and the Special
General Meetings
The Annual General Conference of the GBA is
held in September of each year. The one for last year is done and dusted. This
year’s is yet to come. By the GBA Constitution, in case there is the need for
any meeting to address any issue of importance to the Bar before or after the
Annual General Conference, it must be a Special General Meeting as provided in
Clause 22 of the GBA Constitution.
ii)
Procedure
for calling a Special General Meeting
The General Council of the Bar can convene a
Special General Meeting at any time. The conditions for calling a Special
General Meeting are as follows:
(a) At
least, 30 members of the GBA must requisition the meeting in writing;
(b) The requisition
shall state the nature of the business for which the meeting is being called;
(c) The
General Council of the Bar must issue a notice of Special General Meeting
within 10 days after the National Secretary receives the requisition;
(d) Members
of the GBA must be given 15 days’ notice before the meeting is held. But in
case of extreme urgency, the General Council may call a meeting by giving
shorter notice.
(e) Where
the General Council fails to call a Special General Meeting within 21 days after
the National Secretary receives a requisition for a meeting, the requisitioners
may themselves convene a meeting of the Association.[9]
That means if between now and September, 2025,
there is the need to hold a national meeting to address any issue - such as the
petitions for the Chief Justice’s removal from office – it must be a Special
General Meeting. The Special General Meeting will be duly held only if it is
convened in accordance with the conditions set forth above.
iii)
Failure
to meet the conditions set for Special General Meeting – The “mid-year
conference” was unconstitutional
The meeting that was allegedly called by the
General Council on 26th April, 2025, and euphemistically described
as “mid-year conference” is alien to the GBA Constitution. A meeting of the
type that is alleged to have taken place could only legally be a Special
General Meeting as provided in the GBA Constitution. Unfortunately, the
conditions pre-requisite for calling such a meeting were not satisfied before
resolutions that apparently germinated from it were splashed across the media
terrain two days or so after they were passed. Therefore, the so-called GBA
“mid-year conference” that was allegedly held at the Labadi Beach Hotel, Accra
on Saturday, 26th April, 2025, was unconstitutional.
The reasons why the alleged “mid-year
conference” did not meet the conditions set for holding such a meeting are as
follows: First of all, no such “mid-year conference” exists under the GBA
Constitution. What exists is Special General Meeting. But there is no evidence
that such a meeting was requisitioned as required under the GBA Constitution.
Secondly, there is no evidence that 15 days’ notice (or a notice of a shorter
duration) was issued to members of the GBA inviting them to a Special General
Meeting. I am a member of the GBA and I did not receive any such notice.
Needless to add, the nature of the business for which the meeting was called
was not communicated to GBA members. I am a member and I did not receive it. So
far, it is one website that has been generous enough to publish two videos
allegedly taken from the proceedings of the meeting.[10] Both videos focus solely
on the GBA National President speaking. Four or so other executive members were
with her.
Luckily, another platform – 233legal.com - has
provided a picture of all-male attendees, plus snippets of the activities of
the day. Curiously, the male Attorney-General – the leader of the Bar – was
absent. So was his deputy, another male. It is unclear whether this omission was
by design or purely accidental. This information was posted on 30th
April, 2025, that is, four days after the event.[11] Hopefully, there is a
yet-to-be-released all-female picture still being polished up at the photo
shop. Otherwise, it will appear that apart from the four or so female National
Executive members, no other female members of the Bar were present!
The statistics on attendance at the said
“mid- year conference” makes startling reading. According to Dennislaw.com,
referencing the GBA, as at March, 2024, there were 7,386 active lawyers in
Ghana.[12] In October 2024, another
batch of 777 persons were called to the Bar.[13] Thus, one can safely
guess that Ghana has about 8,000 active lawyers. However, one media report
states that 52 persons attended the “mid-year conference.” Furthermore, 47 out
the 52 voted in favour of the resolutions allegedly passed.[14]
Now, let’s do the math and find out what percentage of GBA members met
unconstitutionally to pass the unconstitutional resolutions in circulation: Divide
47 by 8,000 and multiply the answer by 100 = 0.5875%. In effect, less than 0.6% of active lawyers in Ghana passed the resolutions that
are said to have come from the GBA. 99.4% of active lawyers in Ghana did not
take part in what culminated in the ‘second cut’ resolutions littered in the
media.
Luckily, for those of us who missed the fun,
we can read snippets of what happened at the “mid-year conference.” According
to 233legal.com, this is what took place at the “conference,” which came
complete with a most propitious theme -“Expanding the Role of the Legal
Professional in National Development: Positioning the GBA as the Fulcrum:”
“BY LEGAL DESK
April 30, 2025
The
Ghana Bar Association (GBA) convened its 2025 Mid-Year Conference in Accra
under the theme “Expanding the Role of the Legal Professional in National
Development: Positioning the GBA as the Fulcrum.”
The
event brought together legal practitioners from across the country for robust
discussions on how the profession can address matters of national interest.
In
her opening address, GBA President Mrs. Efua Ghartey reaffirmed the
Association’s commitment to upholding justice, the rule of law, and
accountability. She called on members of the Bar to become more involved in
national development beyond courtroom litigation.
A
panel discussion moderated by GBA Vice President Mrs. Victoria Barth featured
leading legal minds including Dr. David Ofosu-Dorte, Mr. Edmund Foley, and Hon.
Diana Asonaba Dapaah. These speakers
addressed the need for greater engagement in pro bono work, technological
adaptation in legal practice, and the need for lawyers, especially the young
lawyers, to explore diverse and emerging areas within the profession.
Following
the panel discussion, the GBA introduced key committees including the Welfare
Committee and the Court Monitoring Committee. The Welfare Committee pledged to
expand its focus to provide active support to practising, ill, or incapacitated
lawyers.
At
the conclusion of the conference, the Ghana Bar Association adopted a number of
resolutions reflecting its stance on pressing legal and national issues:
On the directive on assignment of courts
and fixing of dates as issued by the Acting Chief Justice on the 23rd April,
2025
The
GBA requested the immediate withdrawal of the Acting Chief Justice’s directive
on the assignment of newly filed cases and urged greater use of technology to
enhance efficiency in court operations.
On
the Suspension of the Chief Justice
The
Association declared the suspension unconstitutional, citing the absence of
supporting regulations under Article 296 of the 1992 Constitution, and called
for its reversal.
The
GBA called for clear and comprehensive legal instruments to govern procedures
relating to the removal of judges under Article 146 of the 1992 Constitution.
It
urged the President to release the full decision establishing a prima facie
case against the Chief Justice to ensure transparency.
The
Association denounced prejudicial political commentary aimed at undermining the
judiciary’s integrity and vowed to protect its independence.
On
other matters affecting the Nation
The
GBA strongly condemned illegal mining in the Country and called for immediate
and sustained action from all sectors of government and the judiciary to
eradicate the menace.
In
relation to the Conflict at Bawku, the Association commended ongoing mediation
efforts by Otumfuo Osei Tutu II and pledged its support to traditional
authorities working toward a peaceful resolution.
In
relation to the outcome of Parliamentary Elections in Ablekuma North, the GBA
expressed concern over the unresolved election results and called on the
Electoral Commission and law enforcement agencies to expedite the process to
uphold the democratic rights of the constituents.
Altogether,
these resolutions reinforce the GBA’s central role as both a watchdog and
stakeholder in national development and the administration of justice.”[15]
This, in effect, is what 47 members of the
GBA (0.6% of active lawyers in Ghana) met and resolved by
themselves in total disregard of the GBA Constitution.
C:
The first cut is the deepest
The GBA cannot throw dust into any one’s
eyes. It cannot run away from its real feelings and sentiments as was carried
in its first and original Press Statement of 24th April, 2025. For
whatever it is worth, the suspended Chief Justice has probably already savoured
the GBA’s spineless Statement. She will not be in doubt about the true nature of
the friends the Judiciary keeps when in easy circumstances.
The GBA’s second- thought effort to appear
supportive of Her Ladyship through the unconstitutional resolutions passed
merely 48 hours of the first statement reeks of contrivance, at best. And to
think that it has been done in such a rushed and unlawful manner, it will do
little to lift up a soul in quandary. It may also do nothing to soften a gorilla’s
hand.
D:
First, let’s remove the log in our constitutional eyes
Dear
GBA friends, while we are on the constitutionality of constitutions and
constitutional actions, let’s spare a moment and look inward.
i.
All
Past National Presidents must not be members of the General Council
By Clause
5 (7) (2) of the GBA Constitution, the membership of the General Council includes
all Past National Presidents of the Association.[16] The question is this: Who
is the Chair person or head of the General Council of the Bar? Who leads their
deliberations? Is it the oldest Past National President; or the Immediate Past
National President or the Sitting National President? Apart from the GBA, which
other institution worth its name gives lifetime National Council membership or
“life peerage” to its Past Presidents?
Once
anyone has the great fortune of becoming a GBA President, it buys them a
lifetime ticket to attach themselves to the decision-making body of the GBA
till death. Never mind whatever detours a Past President may make in their
lifetime. For as long as they live, their destinies and livelihoods will be
intertwined with that of the General Council. They will make decisions to bind
GBA members till they die.
The
only tangible reason one could ascribe to this glaringly unacceptable ethos is
classism and ‘old boyism.’ It is the effect of the entitlement mentality
reminiscent of the Old British colonialists. To think that 68 year-old
independent and democratic Ghana still has remnants of these classism
perpetuation maneouverings inhabiting the upper echelons of its professional
associations is a sad commentary on Ghanaian elitist’s mentality. Even in
England where classism had its roots, it has seen its debilitating effect and
is moving away from it. For instance, there is no longer a House of Lords.
There is now a house of men, simply called the Supreme Court of the United
Kingdom.
ii.
Spent
executives re-elected into office
The second matter worth the GBA’s attention
is the unconstitutional position of some of its current national officers. Clause
5 (1A) of the GBA Constitution, 2021 states as follows:
“National
Officers elected at the Annual General Conference of the Association shall hold
office for a period of three years beginning from the date on which they are
sworn in as National Officers.”
This provision is clear and admits of no
controversy. If a person is elected into office – say, as National Treasurer -
that person will hold the position for 3 years. After the term of 3 years, the
person cannot be re-elected to serve any further term or terms in that same
position.
Of course, the person may set his or her
sights higher and contest for another position for a term of 3 years. But the
person cannot apply to be re-elected to remain in the same old position. The
aim of this provision was to avoid the yearly elections for three terms in a
position that existed under the old Constitution. It was intended to give a
single term of 3 years for all positions, but with liberty thereafter for an
office holder to contest for any other higher office of their choice.
In situations where the framers of the GBA
Constitution intended that elected officers could run for re-election, it was
so stated explicitly. Thus, for example, Clause 16 (3) of the GBA Constitution
states that an officer of a Forum of the GBA (for instance, Young Lawyer’s
Forum or Women’s Forum) shall hold office for a term of three years “but may be
eligible for re-election for further terms.” That explains why the current
President of the Women’s Forum, for example, has been in that elected office
for as long as one can remember - from the 2010s.
Now, the current National Secretary and
National PRO of the GBA served in those same positions from 2021 to 2024 under the
then National President, Mr. Yaw Boafo.[17] In spite of the clear
provision on Clause 5 (1A) of the GBA Constitution that mandates them to serve
a one 3-year term in those offices, they are currently serving a second 3-year
term in those same positions. Their current positions as national officers is
unconstitutional.
This state of affairs makes their presence on
both the National Executive Committee and the General Council also unconstitutional.
Was this a palpable oversight by the Electoral Officer who, by Clause 31 (4)
(c) of the GBA Constitution, is mandated to “reject nomination papers which do
not comply with any of the requirements for nomination and election to offices
within the Association”? Worse still, it appears to be a subtle - yet untidy -
form of the perpetuation of cronyism and ‘old boyism’ brewing at the helm of
affairs at the Bar. General Council of the Bar, now you have a home-grown
unconstitutionality resolution to pass. Over to you!
iii.
Election
of members to represent the GBA on constitutional and statutory bodies
There is no provision in the GBA Constitution
on how members of the Bar get selected to represent the GBA on constitutional
and statutory bodies. The selection process is opaque. It is suggested that
elections must be held at Annual General Conference or Special General Meetings
to elect such representatives. This will help to stem the tide of ‘old boyism’
in our lifetime. It will also rid the pond of the elements who have been
loitering on the fringes of GBA national offices from the days of Adam, fawning
for favours in the form of selection for representation on constitutional and
statutory bodies.
E: Conclusion
It is refreshing to note that the GBA is
making an attempt to warm its cold lips up and wiggle itself out of the claws
of verbal inertia. I doff my hat and I am looking forward to more. Thus said, if
the GBA desires to heal itself of the ‘Martha syndrome,’ it must do so from a
point of humility. It must first study its own Constitution and abide by its
letter and spirit. It is only then that it can legitimately assume its
treasured role as the perennial protector of the Judiciary. Never mind that the
interests of its own members do not weigh as much on its mind. (Don’t mind the
pun on mind) Happy weekend.
[1] We
were taught that 13th November was St. Monica’s birthday. In fact,
it is a day we still celebrate with pomp and panache at our St. Monica Schools.
I was surprised when I read from Wikipedia that 13th November is
rather St. Augustine’s birthday. St. Monica was born in 331 AD but no day is
stated. How did the English nuns from Whitby in England who set up the revered St.
Monica’s schools get it so twisted? Or, is it Wikipedia’s sources that are
being twisty? Still, “Each for all, and all for God.”
[2]
The outfit consisted of iro (wrapper), buba (blouse) and ipele
(shawl) with the gele accessory (headgear).
[3]
Clause 5 (7) (2) of the GBA Constitution states as follows: “The General
Council shall consist of the following members –
(a) all the National Officers of the Association;
(b) all Past National Presidents of the Association;
(c) all Presidents of regional branches of the
Association;
(d) all Secretaries of regional branches of the
Association;
(e) The President of the Young Lawyers’ Forum of the
Association;
(f) The President of the Women’s Forum of the
Association; and
(g) The President of the In-House Lawyers’ Forum of
the Association.”
[4]
Clause 19 of the GBA Constitution
[5]
Clause 22 of the GBA Constitution
[6]
Clause 23 of the GBA Constitution
[7]
Clause 24 of the GBA Constitution
[8] The
Regional and Forum Annual and General Meetings are held by the regional and
forum executive committees so those will not be relevant for our present
discussion
[9]
See: Clause 22 (1) – (4) of the GBA Constitution, 2021
[10]
Source: https://www.thelawplatform.online/post/gba-passess-resolution-to-call-on-president-to-revoke-the-suspension-of-the-chief-justice
(accessed on 1st May, 2025)
[11]
Source: https://233legal.com/ghana-bar-association-hosts-2025-mid-year-conference-and-passes-some-key-resolutions/
[12]
Source: https://dennislawnews.com/view-happilex/distribution-of-lawyers-by-region-2024
(accessed on 1st May, 2025)
[13]
Source: https://233legal.com/777-lawyers-called-to-the-bar/
(accessed on 1st May, 2025)
[14]
Source: https://www.ghanaweb.com/GhanaHomePage/NewsArchive/47-out-of-over-5-000-GBA-members-passed-resolution-for-revocation-of-CJ-s-suspension-Reports-1982040
(accessed on 1st May, 2025)
[15]
Source: https://233legal.com/ghana-bar-association-hosts-2025-mid-year-conference-and-passes-some-key-resolutions/
(accessed on 1st May, 2025)
[16]
See footnote 3 for the full membership of the General Council of the Bar
[17]
Source: https://www.graphic.com.gh/news/politics/yaw-boafo-elected-new-bar-association-national-president.html
(accessed on 2nd May, 2025)
