The much anticipated election of the Ghana Bar Association President has once again been halted, following a legal suit placed at an Accra High Court.
Three lawyers, and Members of the association Chris Ackumey, Nana Ato Dadzie and James Abeadukar sought an application for an injunction to be placed on the election, citing the forced resignation of Nii Osah Mills former President of the association as illegal.
They have also requested the courts to reinstate the deposed president.
Nii Osah Mills resigned for fear of impeachment on the eve of the annual general meeting of the Bar council, despite filling for re-election.
He was alleged to have committed a subjudice in the case involving the incarcerated former Ghana National Petroleum Corporation boss Tsatsu Tsikata whose case was then pending at an Appeals court.
Even before the application would be heard on Tuesday November 18 2008, the yet to be council of the three plaintiff, Kobina Senanu and the president of the Greater Accra Branch of the Bar Association and a member of the Bar Council Frank Davis, gave signals on Joy Fm what the judge is to anticipate.
According to Senanu, the human rights of the deposed president was grievously abused.
He claimed the law that prevented people from commenting on a case that is pending in court served the interest of the 17th century feudal systems.
Referring to the issue of subjudice as a “historical slavery,” he maintained Osah Mills had every right to comment on the case, more so when it was a judge who was presiding and not a jury.
He cited Relief seven of the writ of summons, portions of which he said did not find anything wrong with the comments from Osah Mills.
However Mr. Davis questioned the capacity under which Senanu was making the comments.
“He has not filed a notice of appointment of a solicitor he claims to have it some where in his pocket, where he is sitting or his office, yet he comes to sit on radio and pontificate as lawyer for the plaintiff. In what capacity is he speaking?”
He accused him of wanting to ride on the wings of public opinion to create disaffection for the judge if the application was ruled against him.
"An application is pending before court, the application is going to be argued on Tuesday then you come and sit on radio and want to argue the same application on radio before the judge." he charged
He said the person on whose behalf they were fight has every right to legal redress if indeed his human right was abused.
However Mr. Senanu rebutted the claims, saying the constitution gave anybody the power to fight on behalf of any aggrieved person in society.
"Where ever the constitution is concerned, any Ghanaian can take the matter to court, the person does'nt have to go there to seek his personal interest."
He dismissed the assertion that he could not comment on radio once the case was pending in court.
Even though other positions would be voted for in the associations annual conference on Saturday, the position of the president would still be vacant, at least after this legal battle.
Story by Nathan Gadugah