AG, GBA clash at Ada Bar conference over 'political comments'

President of the Ghana Bar Association (GBA), Efua Ghartey, has waded into the public discussions surrounding Chief Justice Paul Baffoe-Bonnie's recent comment on the performance of State-Owned Enterprises (SOEs).

Speaking at this year's GBA Annual Conference in Ada, she described the Chief Justice's comment as unfortunate and has the tendency to create an undesirable impression that the Judiciary is taking sides in the political affairs of the country.

“The recent commendation of a public institution and the comparison to a past government's output by no mean a person than the Chief Justice of the Republic of Ghana left much to be desired,” Mrs. Ghartey stated.

She also pointed out that the statement issued by the Judicial Secretary in the aftermath of the Chief Justice's comment, which sought to defend the blunder, “was at best lacklustre.”

She said while the GBA is committed to protecting the independence of the Judiciary, the institution itself must act within the provisions of the constitution and not seek to promote the bidding of another arm of government, especially the Executive, “its ultimate appointing authority.”

The five-day conference, which is being held at the Aqua Safari Resort in Ada, is on the theme, “150 Years of Ghana's Legal Evolution: Transforming the Profession and Driving its Future with Industry.”

Mrs. Ghartey, in her speech, said the Association would continue to defend the independence of the Judiciary in accordance with Article 128 of the 1992 Constitution.

She, however, cautioned that the independence of the Judiciary did not give its officers the latitude to engage in partisan political conduct.

She quoted a Supreme Court decision which held that holders of independent institutional or statutory offices, including judges, were by implication of their independent status constrained in their ability to actively take sides in partisan politics.

Mrs. Ghartey said the Bar would remain vigilant in ensuring that public institutions operated within constitutional standards.

She also raised concerns about excessive bail conditions being imposed on persons arrested for various offences, and called for bail to be reasonable, proportionate and consistent with the constitutional presumption of innocence.

She said the Bar is considering a human rights watch committee to monitor compliance with Article 14 and other human rights provisions as well as provide legal assistance to suspects where necessary.

AG's counter-accusation
Attorney General Dr Dominic Ayine urged the Ghana Bar Association (GBA) to uphold consistency in its principles and maintain a clear distance from partisan political interests.

He said the association’s conduct had, at times, created the perception that it was aligned with a particular political side, warning that such impressions could undermine its independence and credibility.

The Attorney General made the remarks in a statement delivered on his behalf by Deputy Attorney General Dr Justice Srem-Sai. He said the GBA must remain independent not only of the government but also of political parties and the Office of the Attorney General.

“An Attorney General who wishes for the bar that agrees with him all the time clearly misunderstands his own job and also the role of the bar as a civil society organisation. Suffice to say that like each of us here in this hall, I too strongly believe that the bar’s authority rests on its independence from the state, from political parties and yes, from the office which I occupy.

“Accordingly, what I asked for in Wa and still ask for here today is not a bar that is silent or hidden but a bar that is visible and present. Not a bar that flips on principles but a bar that is consistent. Not a bar that keeps its distance from public life and discourse but one that keeps its distance from political convenience,” he stated.

Dr Ayine also disclosed that the government was preparing to introduce a Legal Practitioners Standards Bill.

The proposed legislation is expected to address disciplinary matters involving lawyers and curb the abuse of legal processes.

New Bill
Attorney General Dr. Dominic Ayine said plans are underway to introduce a Legal Practitioners' Standards Board Bill to reform the regulation and discipline of lawyers.

He said the proposed independent statutory body would set and maintain standards of professional conduct and continuing competence expected of legal practitioners.

He disclosed that the proposed legislation would also create an independent disciplinary committee separate from the licensing and standard-setting functions of the board.

Dr. Srem-Sai said the move had become necessary because the existing disciplinary system had been characterised by delays and concerns about fairness.

He said the intention is to extricate the disciplinary process from government control and give the Bar greater ownership of the process.

Judicial Reforms
Chief Justice Paul Baffoe-Bonnie, in a speech read by Justice Anthony Forson, said the Judiciary was undertaking several reforms to modernise the administration of justice.

He cited the ongoing review of the High Court Civil Procedure Rules and the e-Justice programme as some of the measures intended to improve the efficiency and accessibility of the justice system.