Of Orphans, Jollof Rice & Retirement Blues


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.

In effect, the Chief Justice is disqualified to be appointed as chairperson of the CLET under the two qualifying criteria set down under the law. Yet, the President has appointed Mr. Justice Paul Baffoe-Bonnie, the Chief Justice, as the chairperson of CLET in blatant disregard of the law passed under his watch.[5]



[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? 


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