Attorney General to new Bar President: Your election is historic

The Attorney General (AG) and Minister of Justice, Godfred Yeboah Dame, has hailed the election of Mrs Efua Ghartey as President of the Ghana Bar Association (GBA), describing her assumption of office as “historic and one of the high points in the annals of the Bar in this country.”

Speaking during the swearing-in ceremony of the new President and executives of the GBA, held at Wesley Towers, Methodist Headquarters in Accra, on Monday, 4 November 2024, the AG noted that this appointment shattered long-standing barriers within the legal profession, making Ghartey the first woman to hold the office since the Bar’s formation in the late 19th century.

Historic

He recalled that since 1887, when the first Ghanaian indigene, John Mensah Sarbah, was called to the Bar by Lincoln’s Inn, and 1958 when the Ghana Bar Association had its first constitution with R. S. Blay elected as the first President, “you hold the enviable record as the first woman President of the Ghana Bar”.

“Indeed, you have shattered the glass ceiling of male domination of the Presidency of the Bar. This morning, I took a look at remarks I made on the swearing-in of the outgone executives on 1st November, 2021.

Interestingly, I had this to say “what is conspicuous about the composition of the current Executive is the rather diminished representation of our women. It is my expectation that in the future, the Bar will be kinder to our women, competent and able of course, who put themselves forward for election to offices”.

“The Bar must have listened intently to this soft admonition by me and responded loudly at the last Bar elections. I am happy that today, unequivocally, we can say that the Bar is being led by women – with the election of Efua Ghartey and Victoria Barth as President and Vice-President respectively. Congratulations to the duo!,” he remarked.

Judiciary’s independence

The AG called on the Ghana Bar Association (GBA) to be vigilant in defending the integrity of the Judiciary from individuals seeking to undermine its independence through unfounded attacks.

He stressed that safeguarding the dignity and authority of the Judiciary is vital to upholding the rule of law and preserving Ghana’s democracy. He highlighted the critical role judges play in handling complex legal disputes, often involving sensitive and divisive issues.

Challenging

The Attorney General emphasised that while these decisions might be challenging, they were made based on law, experience, and training, underscoring the essential role of the Judiciary in maintaining justice. “As I have said time and again, judges are often called upon to make decisions on some of the most difficult questions arising from the actions and conduct of persons in this country. They are decisions that very few of us would feel comfortable making,” Mr. Dame remarked.

He reiterated that the Judiciary’s responsibility was to administer justice in accordance with the law, adding that respect for their judgments is paramount to sustaining legal order.

The Attorney General also pointed to the foundational principle enshrined in Ghana’s Constitution, which asserts that sovereignty belongs to the people, and the Constitution itself holds supreme authority. “In this country, no institution or individual has sovereignty. In accordance with article 1 of the Constitution, sovereignty resides in the people of Ghana and the Constitution is the supreme law of Ghana,” he noted.

He emphasised that all institutions must conduct their affairs within the constitutional framework, warning that any deviation risks being declared unconstitutional or illegal by the courts. “Whatever procedures are utilised by any institution in this country for the conduct of its activity must comply with the Constitution and the laws of Ghana,” he stressed, adding that this adherence is “non-negotiable” and essential for the nation’s democratic resilience.

Disciplinary

Addressing the disciplinary expectations for the legal profession, Mr. Dame signaled the importance of accountability within the ranks of Ghana’s lawyers. He endorsed the General Legal Council’s authority to discipline lawyers who undermine the Judiciary’s credibility by spreading false legal theories or engaging in misconduct, both publicly and in court.

“The situation where lawyers propound false constitutional theories on radio, misconduct themselves in court and in public but the General Legal Council fails to apply the relevant sanctions, contributes to the erosion of respect for the legal profession,” he stated.

Confidence

Mr Dame further congratulated the newly elected GBA executives, expressing confidence in their abilities to serve as effective stewards of the Association, the legal profession, and the Judiciary.

“The fine blend of experiences and rich profiles that you bring into your respective offices will equip you sufficiently to discharge the demands of your duties and to win the hearts of the Bar, the Bench, and the public,” he said.

The AG said the Bar must have taken note of his gentle encouragement and responded resoundingly in the recent Bar elections. He expressed his delight, stating that now, without a doubt, the Bar is being led by women, with Efua Ghartey and Victoria Barth elected as President and Vice-President, respectively.

“Congratulations to both! I mentioned to Mrs. Ghartey in Kumasi that her election seemed touched by destiny, arriving at a moment like this. First, it’s symbolic that it happened in a year when Ghana’s Parliament, after considerable struggle, passed the Affirmative Action Act, which the President signed into law on July 30, 2024,” the AG recalled.

Fortunate

He remarked: “Second, Mrs. Ghartey was ‘third-time lucky,’ securing her election only on her third attempt—similar to her legal mentor, Nana Addo Dankwa Akufo-Addo, the President of Ghana. In fact, in 2021, the Commission on Human Rights and Administrative Justice (CHRAJ) and the Ghana Statistical Service (GSS), with technical assistance from the United Nations Office on Drugs and Crime (UNODC), conducted the first comprehensive survey on Ghanaians’ experiences with corruption, sampling 15,000 respondents nationwide,” he added.

He encouraged the executives to uphold their commitment to protecting the Judiciary’s independence, as well as advancing the legal profession in a manner that reinforces Ghana’s democratic values. “I have no doubt that you will prove equal to the task. I wish you a successful term. The privilege of service is yours. Do your best,” Mr Dame added.

Reporting by Wilberforce Asare in Accra

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