Proposal to remove GBA from the constitution politically-driven — Yaw Boafo

Former President of the Ghana Bar Association (GBA), Yaw Boafo, has described proposals to remove the association from Ghana’s Constitution as politically motivated and dangerous to the country’s democratic framework.

The Constitution Review Committee (CRC) has recommended that the GBA be removed from explicit mention in the 1992 Constitution as part of broader amendments to eliminate the naming of private organisations in the supreme law.

The recommendation, submitted to President John Dramani Mahama in December 2025, proposes that representation on constitutional bodies be determined through mechanisms established by an Act of Parliament rather than by naming specific institutions.

According to the CRC, provisions including Articles 153, 157, 166, 201, 204, 206, 209, 259 and 261 should be revised to replace the names of private bodies, including the GBA, with neutral language.

However, speaking on Accra-based Metro TV’s Good Evening Ghana on Thursday, January 15, Mr. Boafo questioned the basis of the proposal, arguing that it lacks empirical justification.

“Has the police brought a report that GBA representatives have not discharged their duties properly, or has the Judicial Council or National Media Commission complained about GBA representatives?” he asked.

He said the move contradicts the stated aim of reducing presidential appointment powers because the proposal would instead allow the President to appoint senior lawyers to positions previously occupied by GBA nominees.

“When talking points by partisan fringe groups become the basis for constitutional reform, then we are headed for trouble,” Mr. Boafo cautioned, referring to an earlier writ filed by NDC MP Rockson-Nelson Dafeamekpor which sought that reliefs.

The veteran lawyer recalled that despite tensions between the GBA and the government during the 1992 constitutional process, the association was deliberately placed at the centre of Ghana’s democratic architecture.

He stressed that there is no evidence the GBA has abused its constitutional role over the past three decades.