Distinguished learned friends, good morning,
I must express my profound delight and gratitude to all who have made precious time to participate in this Mid Year Conference both in person and virtually. Thank you for your commitment to the Association. My delight also stems from the fact that we are reigniting the passion for our Association as the last mid year conference was held on Wednesday 20th April 2022 at this hotel and it was under the theme “National Security Strategy, the role of the Ghana Bar Association”.
For our younger lawyers who have joined as for the first time, Mid Year Review Conferences in the past have been very significant gatherings which have provided the opportunity for the Association to review and delve into important and sometimes urgent matters relating to the rights of its members, matters that threaten the carrying out of its objectives such as maintaining the independence of the Judiciary and dealing with any inhibition which affects the carrying out of its core roles in our society. Thus, the agenda for such conferences are specific and the resolutions passed at the conference gives a clear sense of the Bar’s resolve to chart a particular course.
This year, the theme of the conference; “Expanding the role of the legal profession in national development; positioning the Ghana Bar Association as the fulcrum” , can best be described as a clarion call for the enhancement of the professional effervescence effect of lawyers in guiding our nation in its development. Currently, the Ghana Bar Association boasts of a membership of 8,263, with an upcoming enrollment of approximately 123 new lawyers next month. Thus, these distinguished and ethical learned friends, both in the public and private sector, will be rendering their services in our country which has an estimated population of 34.4 million, both in the public and private sectors.
The leadership of the country has members of this Association playing advisory roles and interpreting the law in all three arms of government as members of the executive, judiciary and legislature respectively. This “elevated” role with the importance it commands when Lawyers speak, should make one circumspect in the contributions they make publicly. We must make a difference and right wrong, for instance where the perineal problems of illegal mining and its devastating effects on our environment are concerned.
As mentioned in my inaugural speech on the 4th of November, 2024 and in an interview granted in September 2024, Galamsey is an issue which continues to plague the country’s developmental process. The Association is committed to playing important roles in the fight against Galamsey: roles including but not limited to, promoting the rule of law by pushing for stricter enforcement and amendments to existing legislation and encouraging citizens to report illegal mining activities. This is to ensure that transparency and accountability are encouraged within the legal system.
Lawyers have contributed and continue to contribute their quota to strengthening our institutions by, among other things, serving on boards of various institutions. Per the minutes of the Ghana Bar Association , dated 24th November , 1972 , the statutory and international bodies that some members of the Association served on, were 6 in number including one known as Ghana UNESCO. However, today per the available records, members of the association serve on not less than 35 statutory bodies, which number ought to be increased considering the number of statutory bodies operating in Ghana now. By so doing, these statutory bodies would hopefully be spared any needless legal challenge, which can impede the function of the statutory body towards the development of the said sector and its accompanying financial losses. It is our hope that all members who serve on such Boards will execute their assignments with integrity and approach it with all the seriousness it deserves.
The Bar traditionally has had committees,some of which have a public interface such as the Legal and Constitutional committee which among other things, contributes sound legal opinions to Parliament when Bills are going through the consideration stage. This Committee has also advised the Bar on legal matters, especially constitutional matters that affect the Nation and has on occasion in the past led the Bar to commence legal proceedings in the interest of the public. This committee is being revived. Interestingly in the seventies, this Committee was known as the Political and Constitutional Committee.
Another such Committee, the Public Awareness Committee is one that seeks to educate the public on topical legal issues. One such issue. which is currently on the lips of Ghanaians as a result of the publicity associated with the process triggered for the Removal of the Chief Justice is; what is a prima facie case. People then go on to ask , what is the raison d’etre for establishing a prima facie case, are there any standards to be met in concluding that a prima facie has been established. Having been informed as a country that, petitions against the Chief Justice have been filled, you are repeatedly asked, at what point in time does the country get to know the contents of the petition. What if the Petitions are frivolous, but steps have been taken which may impugn the reputation of the person against who the petitions have been filed. Assuming that there is a hearing, how long should the hearing be? Can the Chief Justice elect to have the proceedings heard in public instead of in camera and many more such questions. This process is a novel one in our history as a Country and we the Bar must continue to monitor the situation and not hesitate to express our opinion on it where the circumstances demand. It is important that in such matters, justice is not only done, but manifestly be seen to have been done.
Indeed it is for this reason that in the wisdom of the Supreme Court in the 2020 judgement of The Republic v The Chief Justice and the Attorney General, reference number 36/0272019, the Court led by Dotse JSC, in the epilogue of the Judgment called for the formulation of Rules of Procedure for the impeachment of Article 71 office holders in the conduct of proceedings under Article 146 of the 1992 Constitution. The Judgement concluded that:“Judges be accorded a fair measure of justice, fairness and equity in all deliberations that affect them. ” It is about time that these guidelines were produced in order to eliminate arbitrariness in such proceedings which ought to be held expeditiously and in open court, given the necessary publicity such matters attract. The Bar must take the lead and make proposals in this regard. Members, thankfully today as part of our conference we would have a segment where there would be a forum for the discussion of matters affecting the Bar, the Judiciary and the Nation to enable us, if necessary, to pass any requisite constructive resolutions to guide the Association.
After the heavy lifting of the first part of this mid year conference, we entreat members to stay and partake in the events at the beachfront as the Association is also a firm believer in health lawyering and stress management. We have revived the Bar News letter, which is an E-news letter known as the Bar-o-Meter which is being sent to your devises today. Catch up with what the Bar has been up to since our 2024 Conference in Kumasi. And up coming events such as Ghana playing host to the rest of Africa from October 19th to the October 23 2025 as it hosts The 2025 Africa Bar Association Conference.
“To him whom much is given, much is expected”- Luke 12:48
I wish you all an impactful and productive conference. Let this time spent here strengthen and propel our Association in its role as enshrined in our
constitution.
Thank you for your kind attention and God bless us all.
