It can be recalled that the status of the Ghana Bar Association as a “constitutional” body became a subject of public debate after the association criticised the suspension of sacked Chief Justice Gertrude Torkornoo and called for her immediate reinstatement.
After the demands of the GBA, it was heavily criticised by a section of the public, with many calling for its removal from the constitution, including the Majority Chief Whip and Member of Parliament (MP) for South Dayi, Rockson-Nelson Dafeamekpor.
The South Dayi legislator even filed a suit at the Supreme Court, seeking that the court rule that the mention of the “Ghana Bar Association” in the 1992 Constitution does not only refer to the GBA but all other law associations in the country.
It has appeared that the Constitution Review Committee (CRC) sides with the argument of the Majority Chief Whip.
The committee, in its report recently presented to President John Dramani Mahama, recommended that a number of private associations, which include the Ghana Bar Association, be removed from the 1992 Constitution of Ghana.
It recommended that these private associations be replaced with “neutral formulations”, which will be more representative.
“The Committee recommends amendments to the Constitution to remove all direct references to specific private associations in Articles 153, 157, 166, 201, 204, 206, 209, 259 and 261, replacing them with neutral formulations providing for representatives to be nominated in accordance with procedures prescribed by an Act of Parliament, and further recommends that the Act prescribe the procedures, criteria and safeguards by which recognised professional bodies, civil society organisations and other voluntary associations shall nominate representatives to constitutional bodies in a manner that ensures transparency, inclusivity and institutional continuity,” part of the report reads.
Should these recommendations be implemented, it would strip the GBA of virtually all of its privileges as the main umbrella body of lawyers in Ghana.
Below are the privileges the GBA is set to lose:
The powers of the GBA that the Supreme Court might strip
Article 153
Article 153 of the 1992 Constitution names the “Ghana Bar Association” as one of the entities in Ghana to have representation on the Judicial Council.
It states that:
“There shall be a Judicial Council which shall comprise the following persons: (a) the Chief Justice who shall be Chairman, (b) the Attorney-General; (c) a Justice of the Supreme Court nominated by the Justices of the Supreme Court; (d) a Justice of the Court of Appeal nominated by the Justices of the Court of Appeal; (e) a Justice of the High Court nominated by the Justices of the High Court; (f) two representatives of the Ghana Bar Association, one of whom shall be a person of not less than twelve years’ standing as a lawyer…”
This means that if the suit succeeds, the GBA would not have the exclusive right to nominate people to the Judicial Council.
Article 157
Article 157(1)(c) of the 1992 Constitution also mandates that two members of the Ghana Bar Association be on the Rules of Court Committee.
“1. There shall be a Rules of Court Committee which shall consist of: (a) the Chief Justice, who shall be Chairman; (b) six members of the Judicial Council other than the Chief Justice nominated by the Judicial Council; (c) two lawyers, one of not less than ten and the other of not more than five years’ standing, both of whom shall be nominated by the Ghana Bar Association.
“(2) The Rules of Court Committee shall, by constitutional instrument, make rules and regulations for regulating the practice and procedure of all courts in Ghana,” part of Article 157 reads.
This means that the GBA is also in danger of losing the right to nominate people to the Rules of Court Committee.
Article 201
The Ghana Bar Association is also required to have representation on the Police Council of Ghana, according to the 1992 Constitution, which the GBA is likely to lose.
Article 201 states that:
“There shall be established a Police Council which shall consist of – (a) a chairman who shall be appointed by the President acting in consultation with the Council of State; (b) the Minister responsible for internal affairs; (c) the Inspector-General of Police; (d) the Attorney-General or his representative; (e) a lawyer nominated by the Ghana Bar Association; (f) a representative of the Retired Senior Police Officers Association; (g) two members of the Police Service, appointed by the President, acting in consultation with the Council of State, one of whom shall be of a junior rank; and (h) two other members appointed by the President.”
FULL TEXT: Read details of SC suit by Dafeamekpor, two others challenging GBA’s exclusivity
Article 204
The interpretation of Article 204, which touches on the establishment of the Regional Police Committee to advise the Police Council, might also strip the GBA of some of its powers.
The article mandates the Ghana Bar Association to nominate a lawyer to the Regional Police Committee.
“(1) There shall be established for each region a Regional Police Committee which shall consist of – (a) the Minister of State appointed for the region, who shall be chairman; (b) the two most senior members of the Police Service in the region; (c) a representative of each district in the region appointed by the District Assembly in the district; (d) a lawyer practising in the region nominated by the Ghana Bar Association; (e) a representative of the Attorney-General; and (f) a representative of the Regional House of Chiefs.
“(2) A Regional Police Committee shall advise the Police Council on any matter relating to the administration of the Police Service in the region,” the article reads.
Article 166
Another power the GBA is likely to lose is in Article 166, which mandates it to appoint a representative to the National Media Commission.
“(1) There shall be established by Act of Parliament within six months after Parliament first meets after the coming into force of this Constitution, a National Media Commission which shall consist of fifteen members as follows – (a) one representative each nominated by (i) the Ghana Bar Association; (ii) the Publishers and Owners of the Private Press; (iii) the Ghana Association of Writers and the Ghana Library Association; (iv) the Christian group (the National Catholic Secretariat, the Christian Council, and the Ghana Pentecostal Council); (v) the Federation of Muslim Councils and Ahmádiyya Mission; (vi) the training institutions of journalists and communicators; (vii) the Ghana Advertising Association and the Institute of Public Relations of Ghana; and (viii) the Ghana National Association of Teachers…” part of the article reads.
Article 209
Article 209 also mandates that the Ghana Bar Association has representation on Regional Prisons Committees, a power it might also lose.
The article states that:
“There shall be established for each region a Regional Prisons Committee which shall consist of – (a) the Minister of State appointed for the region, who shall be chairman; (b) the most senior member of the Prisons Service in the region; (c) a representative of the Attorney-General; (d) a lawyer practising in the region nominated by the Ghana Bar Association; (e) the Regional Director of Health Services; (f) a medical practitioner in the region nominated by the Ghana Medical Association; (g) the Regional Director of Social Welfare; (h) a representative of the Regional House of Chiefs…”
Article 259
Article 259 of the Constitution also lists the Ghana Bar Association as one of the entities that must have representation on the Lands Commission.
“The Lands Commission shall consist of the following persons appointed by the President under Article 70 of this Constitution – (a) a chairman, who is neither a Minister of State nor a Deputy Minister; (b) one representative each of the following bodies nominated in each case by the body concerned – (i) the National House of Chiefs; (ii) the Ghana Bar Association; (iii) the Ghana Institution of Surveyors; (iv) each Regional Lands Commission; (v) the department responsible for town and country planning; (vi) the National Association of Farmers and Fishermen; (vii) the Environmental Protection Council; and (viii) the Ministry responsible for Lands and Natural Resources; and (c) the Chief Administrator of the Lands Commission, who shall be the Executive Secretary,” the article reads.
Article 261
Another power the GBA is likely to lose is stated in Article 261 of the 1992 Constitution, which lists the Ghana Bar Association as one of the agencies to have representation on Regional Lands Commissions.
“A Regional Lands Commission shall consist of the following persons appointed by the Minister responsible for Lands and Natural Resources – (a) a chairman who is neither a Minister of State nor a Deputy Minister; (b) a representative of each of the following bodies in each case nominated by the body concerned — (i) the Regional House of Chiefs; (ii) each District Assembly within the region; and (iii) the department responsible for town and country planning; (c) a nominee of the Ghana Bar Association practising in the region; (d) a nominee of the Ghana Institution of Surveyors practising in the region; (e) the National Association of Farmers and Fishermen; and (f) the Regional Lands Officer.”
Article 206
The 1992 Constitution of Ghana also mandates the Ghana Bar Association to have representation on the Prisons Service Council.
“There shall be established a Prisons Service Council which shall consist of – (a) a chairman who shall be appointed by the President acting in consultation with the Council of State; (b) the Minister responsible for internal affairs; (c) the Director-General of the Prisons Service; (d) a medical practitioner nominated by the Ghana Medical Association; (e) a lawyer nominated by the Ghana Bar Association; (f) the Attorney-General or his representative…” parts of the article read.
Discussion about this post