A Decade On: Revisiting Justice Nene Amegatcher’s Address at the 2015/2016 Bar Conference

A decade ago, at the Ghana Bar Association’s 2015/2016 Annual General Conference in Cape Coast, retired Justice of the Supreme Court and then President of GBA, Nene A. O. Amegatcher delivered an address touching on some of the pressing questions confronting the profession and the country.

From constitutional review, lawlessness and indiscipline, and the state of the economy and healthcare, to the need for a strategic plan for the Ghana Bar Association, the address spoke to issues extending well beyond the immediate concerns of the Bar.

As the legal profession gathers for the 2026/2027 Bar Conference, we revisit that address and invite a simple reflection: ten years on, how much has changed?

We reproduce the full address below in full.

INTRODUCTION

Your Ladyship Georgina Theodora Wood, Chief Justice of the Republic of Ghana, Honourable Lady Attorney-General and Minister of Justice, Honourable Central Regional Minister and other Ministers of State present, President and members of the Central Regional House of Chiefs and other Nananom and Queenmothers, Honourable members of Parliament, my Lords Spiritual add and Temporal, Regional Service Commanders, members of the National Executive Committee and Council of the GBA, Distinguished members of the Bar, Invited Guests, the Media, Ladies and Gentlemen.

Three years ago, Cape Coast welcomed us into its warm embrace around this time where my predecessor led us through yet another insightful annual conference. I trust that we shall relish the hospitality and warmth this Region has to offer and so I join the Acting Regional President and Regional Minister in welcoming you to this soothing Region. So soon another year has gone by since our last meeting in Ho with our special guest Chief Justice Vyacheslav Lebedev of Russia. You will notice that we have strategically refused this year to invite any Chief Justice to Cape Coast. I want to assure you it is not out of fear of anything. All Chief Justices I am told are busy in their respective countries at this time of the year. We have gathered here today to take stock of our activities as an association and particularly as good governance in the country, and as a people we must find a means to curtail potica campaign possibly to the last three months before elections. However, for now it is impera that we avoid the crises of 2012/13 in the next election. Central to that is the priority Electoral Commission places on the much needed reforms.

For a start all the recommendations of the Supreme Court and many more that rely less on part-time pooling officials to guarantee the integrity of the elections must be implement fully and with expedition. There is no doubt that some sections of the Ghanaian voting populace lost confidence in the Electoral Commission as a result of the lapses exposed in this case…

STATE OF THE ECONOMY

Since the beginning of this year the major concern of most well-meaning Ghanaians has beer the state of the economy – rising inflation which officially is now above 15%; the depreciation of the Ghanaian currency (the cedi has lost about 40% of its value). Soaring prices, high fuel and utility rates and difficult economic circumstances have contrived to make life difficult for the ordinary man on the street. The country is currently in discussion with the IMF regarding a (bail-out). Meanwhile structural issues of low productivity, fiscal imbalances, unemployment and dwindling manufacturing sector persist.

There is the urgent need to address the current challenges facing the economy and Government is encouraged to agree with the IMF and the World Bank on a bail-out that will address the challenges the country has experienced in 2014 including improvement in the fiscal management relations. There is also the need to have a non-partisan national long term framework to address the fundamental challenges of the economy- utilities, roads, education, health, unemployment et cetera. One of the clear outcomes of the work of the Constitutional Review Commission was that Ghanaians want a relatively independent National Development Planning Commission that produces long term development plans that address the development challenges of the country on issues we all agree. Parties can then use their manifestos to elaborate how in 4 years they will contribute to resolving that vision

We hope the Bank of Ghana, businesses and captains of industry will contribute their quota in ensuring that these gloomy times become a thing of the past and Ghana enjoys the economic prosperity that its people deserve.

EDUCATION

The current state of our educational system is nothing to write home about. We must aim at achieving the constitutional mandate of free compulsory universal basic education which will prepare our children and youth for the future. To this end, the determining factor should be what infrastructure and projects have we, as a country, developed to enable the average child receive basic education that can equip him/her to earn a decent living and refrain from trading on the streets and slums, selling phone cards and candies and washing windscreens.

HEALTH

The GBA calls on Government to pay critical attention to the health system of the nation, for without wanting to sound cliché, a healthy nation undeniably is a rich nation. The health worker is critical for the growth of the nation. Sadly, our medical doctors and hospitals do not have the requisite and basic equipment and infrastructure to deal with the many health issues confronting the nation at this time. Young executives and hard-working men and women in their thirties and forties are dying from preventable diseases such as heart diseases, strokes, hypertension and diabetes among others. Government, the Ministry of Health, Ghana Health Service, Ghana Medical Association and the media must take this seriously and start a dialogue to address such pre-mature deaths affecting young persons in particular and the nation as a whole.

The cholera and Ebola epidemics in Ghana and the sub-region respectively require more robust response now. The cholera outbreak has exposed our vulnerability to the spread of highly infectious diseases, the ill-preparedness of our medical infrastructure to deal with such emergencies and the need to re-strategize to deal with poor sanitation and medical challenges. It is inconceivable that in the second decade of the 21* century, a middle income country like Ghana does not have isolation wards even in regional hospitals like Cape Coast. These lapses, and I call them lapses, must be addressed as a matter of urgency.

My earnest prayer is that the good Lord continues to have mercy on us to avoid Ebola. Despite all the assurances, as a country our system undoubtedly cannot handle a serious Ebola outbreak. We must work hard to be prepared for the worst case scenario. At the moment it is the cholera outbreak which we must resolve. However, the cholera outbreak points out two basic societal and foundational failures which as a nation we must address: The first specifically relates to poor sanitation. The other relates to general indiscipline in society which we will return to in a moment.

Our sanitation situation is such that we are probably among the ten dirtiest nations on earth if not worse. Open defecation, dumping of waste and raw sewage into water bodies and drainages everywhere and the ever present litter of sachet water and plastic containers call for more robust actions especially from the Mayors and District Chief Executives so as not to compel the President and Vice President to leave their busy schedules to join a clean-up of gutters and clearing of garbage. Gone are the days when every village and community set a day in the week for communal labour; where sanitary inspectors (‘tancase’) showed up

frequently and no one dared drop a piece of rubbish behind a house. Even a two year modefecating behind the house attracted instant fine or summons. We must return to the and bottles and bio-degradable materials separately, it will generate several economic system. It will create jobs for the youth, sanitize our environment and if we gather the plans activities including manure.

Jems In the urban areas, the likes of Municipal Assemblies must build public toilets using tested cdbhutin any case, as we will not get HIPC money to build those toilets. These are legitimate usages wo technologies as biogas in all communities and on the beaches. They should be self-financing bprof district assemblies’ common funds.

Lawlessness and Indiscipline

The fight against poor sanitation can only be won with an equally disciplined citizenry. All of us and especially the leadership of the country must address the problem of indiscipline in mess dileen roads, discipline in respecting authority, discipline in our homes; in the virtues we instill in our areas of our country. Discipline in our work ethics, discipline with our time, discipline on ox enco children and in our schools. Sadly, when it comes to time, our politicians are the wast offenders. It is not uncommon for high officials to turn up for functions an hour or two late that regard, one of the legacies of the late President Atta Mills was punctuality. We must uphold this legacy. It is unacceptable for people to go to work late (and leave early) and ever not put in their best during those hours they show up. This negatively impacts productivit and, I believe, the self-esteem of those individuals. We cannot be a true middle income country with fourth world time management practices and work ethic.

Ladies and gentlemen, all aspects of indiscipline constitute a time bomb with negatie consequences for Ghana’s development. However, the indiscipline on our roads that cause the carnage of which only a few appear in the media is totally unacceptable and must be arrested snow. Sometimes one wonders what the police are on the roads for when rickety vehicles with Pepexhaust pipes fuming like coal-fired chimneys pass by; when the least traffic jam results in one lane becoming multiple lanes because our commercial drivers and increasingly even decently dressed professionals in bespoke suits think waiting for their turn is equivalent to being dumb We are told that the majority of accidents on our roads are due to human errors – over speeding, reckless overtaking at dangerous places, and non-maintenance of vehicles. These kinds of indiscipline cannot be allowed to become the norm and must be nipped. Acknowledging some of the challenges of the police, the DVLA, National Road Safety Commission, et cetera it is refreshing that we are rethinking and considering Public-Private Partnership solutions, as is the case of the DVLA and the Road Safety Management Services ows Limited-a collaboration between the Police Service and National Road Safety commission.

Time will not allow me to comment on the tendency of giving short notices for official meetings. All these point to indiscipline in society. The point I am making is that we need disciplined minds and habits to accelerate national development. The fight does not start and teend with Government. Indeed, we as citizens have a key role to play. It is time for us all to stop pointing accusing fingers at each other on radio, television, and other social networks and play pour various roles to support Government in tackling this canker. We owe this to ourselves and alon to our country as the only persons who can build Ghana and for that matter Africa. The kind of strong institutions we endeavour to build needs an equally disciplined citizenry to succeed.

One worrying development in recent times which also borders on lawlessness is the recent attacks on journalists. While admitting the excesses of some journalist who publish false information about people with the view to erasing their hard won reputation, the recent recorded attacks on journalists in the performance of their duties resulting in damage and harm is unacceptable. Whatever the excesses of the media or journalists, there is a constitutional means to address it and those affected should seek their redress there instead of taking the law into their own hands. The GBA condemns the irresponsible publications and the consequential attacks on the journalists and says both must cease forthwith.

CORRUPTION

The past years have witnessed a hue and cry by the populaçe, within and outside, over the soaring rate of corruption in the country. For the first time, Ghana ranked third in the last Gallup polls. Prior to the polls, there was a sudden rise in allegations of corruption across the nation from all sectors; the health, education, agriculture, judicial, sports and even the religious sector just to mention a few. Readily, one can mention the GYEEDA, SADA and SUBAH reports which have become household names and captured the airwaves in 2013. While some Ghanaians dismissed these allegations as unproven, serious consideration of these reports needs to be done nonetheless. We must admit that we are in an era where countries are competing for investments and where the investor is no longer looking for the Ghanaian smile as an incentive for investment but honesty and transparency without inducement. These reports, even if unproven, affect the investment climate since it creates an impression or perception adverse for the economy of the country.

As a nation we need one voice, to condemn this serious canker of corruption which is gradually becoming the norm. Leaders and citizens alike should insist on the law to clamp down on these corrupt individuals who sabotage the growth process of this country. For this, the government of the day assisted by the media, civil society groups, professional bodies and the judiciary should lead the crusade against corruption in our country without fear or favour, ill-will or affection and may we all (as loving citizens of our dear nation), irrespective of our political affiliation, give our support in this regard.

Regrettably corruption has taken another dimension in this country putting on the cloth of conflict of interest. The amazing number of Ghanaians in the top echelon of our national life engaged in conflict of interest cannot go without mention. The crusade against corruption, if we may note, does not end with the government and its public officials but also private persons like members of the GBA tasked to perform public functions.

Constitutional Review

We applaud the Constitutional Review Commission set up by H.E. President Mills and the painstaking way the Commission went about its work. Unfortunately since the CRC report, things seem not to be going on well. First, the very Mills Administration tried to modify critical recommendations. A Constitutional Review Implementation Committee is reported to have added some issues outside the report such as abolition of the death penalty in addition to such issues as the President nominating 5 candidates to be pruned down to 3 to contest the position of DCE as against open and direct elections. The very process is shrouded in secrecy and no one is sure when the citizens will know the full contents of the Commission’s work. Moreover, if Ghanaians have to vote yes or no to all the 41 recommendations without the opportunity of choice among them, that would be tantamount to emasculation of democracy.

Ladies and gentlemen, I think we cannot review Constitutions so often: so time must be given to ensure a transparent, efficient and effective review of the Constitution and undertaken in a way it will command the support of the majority of Ghanaians. The argument for the Second Chamber of Parliament is now more compelling for consideration. In so doing, future regimes will ill not be tempted to modify it.

Again some segments of society think that one crucial matter not addressed by the Constitutional Review Committee has to do with Winner Takes All politics as is being practiced today. The Institute of Economic Affairs has an Advisory Team considering whether it is not time to rethink the level of Presidential powers of appointment, the tendency to change all board members and Chief Directors and Managing Directors of State enterprises perceived to have other interests every 4 years. We have a situation whereby on a change of Government, even collectors of fees at public toilets and those who spray cocoa farms or cook for pupils in basic schools are changed. That makes elections a do-or-die business. Ghanaians may die from many causes but to die from election related conflicts which the Winner Takes All generates is “foolish death” and must be avoided by all means. Opportunity will be given to members to debate and take a position on this matter at this conference.

My analysis this morning does not mean that as a nation we have not chalked any successes. We have come a long way as a nation with strides in economic developments, education and constitutional rule. An annual conference of the GBA is always a useful time to take stock. This is, therefore, the time for us to do an evaluation and determine if there are pitfalls in our quest for progress and development. This is the rationale behind the highlight of some core issues of national interest which exposes some national developmental drawbacks.

MATTERS AFFECTING AFRICA AND THE INTERNATIONAL COMMUNITY

MAGNA CARTA

In June 2015, the Ghana Bar Association will be joining its colleagues at the International Bar Association and the American Bar Association to celebrate the 800th anniversary of the signing of the Magna Carta. The Magna Carta was signed in England in 1215. For historians, political scientists and lovers of freedom and justice among us this morning, the 800-year-old charter is the foundation for the principles of freedom and equality in today’s legal system. The significance of marking the anniversary of this charter to us is that it laid the foundation for the ascent of liberty and fundamental rights, including due process, separation of powers, the elements of a fair trial and the right to counsel. Magna Carta helped set forth a trio of important principles: the concept of constitutional democracy, the notion that law could unify society in times of crisis, and the idea of independence from tyrannical rule.

In While the principle underlining this charter has been hailed in developed countries, thus paving the way for the full utilization of the brains and contributions of all citizens towards national development, Africa regrettably continues to labour under repressive and oppressive regimes which centre power in the hands of a few square pegs in round holes. Mention can be made of Gambian President Yahaya Jammeh, Cameroon President Paul Biya and good old Robert Mugabe among the large numbers of African dictators who are not prepared to learn from what befell other dictators in the recent past. Presidents Jammeh, Paul Biya and Robert Mugabe have all been in power for over twenty years. Elections are held regularly but these are a mockery of democracy since the mandate of the people are stolen in the form of rigging or what many African politicians describe as superior election strategy over their opponents.

Yahayah Jammeh’s twenty years rule has been characterized by repression and impunity for human rights violations. The Gambian government tolerates no dissent.

Human rights defenders, journalists, political opponents and other Gambians who are critical of government policies face intimidation, harassment, death threats, arbitrary arrest, detention, torture and ill-treatment and enforced disappearance. Since President Yahayah Jammeh came to power, the Gambian justice system has been weakened due to the recurrent interferences by the Executive and an increasingly repressive legislation aiming at muzzling dissent. Two of Ghana’s legal brains seconded to assist the people of The Gambia in justice delivery have suffered unjustifiable interferences and removal from their post as Chief Justices in the performance of their judicial functions. Such blatant massacre of justice should be utterly condemned and we therefore call upon the President not to accede to any request from President Jammeh for Ghana judges to assist the Gambia judiciary. Harsh as this call may be, we believe it is in the right direction as our legal brains cannot be allowed to suffer similar embarrassment of unwarranted dismissals; their only crime being standing up to the President and standing up for what is right.

The GBA joins its counterparts internationally and calls upon President Yahayah Jammeh to:

-Repeal all legislative provisions used to restrict freedom of expression, in particular the Information and Communication Act, the Indemnity Act and the Criminal Code Amendment.

-protect journalists, human rights defenders and political activists who are attacked, arbitrarily arrested, imprisoned, tortured and submitted to enforced disappearances for peacefully exercising their rights to freedom of expression, assembly and association.

– investigate reported human rights abuses and bring perpetrators to justice

release immediately and unconditionally all prisoners of conscience and all those who are currently detained illegally or charge them with a legal offense in a fair trial.

IMMUNITY OF AU HEADS OF STATE

Because of the desire to stay in power for ever and rob their people of the basic necessities of life, African Union heads of state and other senior government officials at the recent summit in Malabo, Equatorial Guinea endorsed a Protocol that would grant immunity to serving heads of state from prosecution for grave crimes such as genocide, crimes against humanity and war crimes among others at the International Criminal Court. The decision by the AU places it in direct conflict with Article 27 of the Rome Statute of the International Criminal Court (ICC), which provides that the ICC rules ‘shall apply equally to all persons without any distinction based on official capacity. The provision generates perverse incentives for abusive leaders to remain in power so that they are shielded from prosecution.

The GBA joins its counterparts at the International Bar Association (IBA) and the Southern Africa Litigation Centre (SALC) to condemn the Protocol and call upon individual African states not to sign or ratify the Protocol as currently drafted.

Africa is endowed by God with massive natural and human resources. Why are we stuck ina static equilibrium of abject poverty several years after independence? African leaders must arise to the challenges and needs of their people. The time has come to change the leadership style in Africa. We need a new leadership response to crisis situation on the continent. Does our salvation lie in our youth of today? Regrettably, I will say no to some of the youth in our political parties of today for when I hear their sharp teeth displaying their venom in the media, their craving for fast track wealth acquisition and indiscipline, the future for Africa indeed looks bleak. Could the youth in the churches, religious organizations and various professions guided by code of ethics come to our aid? We need a new focus and re-direction of our youth who are our future leaders. That is where we can have some hope for our beloved continent.

What about the youth in the legal profession? Being over-partisan as a professional, sacrificing objectivity on the altar of political expediency should not be the hallmark of a lawyer. I have, over the past few years, listened with consternation to lawyers who appear in the media on behalf of the political persuasion they represent. I have been shocked at some of the utterances and position advanced by some of our learned colleagues. Chief justice John Roberts Jr of the US Supreme Court in his recent address to the House of Delegates at the American Bar Association Magnitude 360 meeting in Boston referred to the lessons of Magna Carta today and urged members of the ABA to rise above the partisan divide. He remarked:

“When lawyers fulfill their professional calling to its fullest extent, they rise above particular partisan debates and participate as problem solvers, whether through the ABA’s committees, through pro bono work, through public service or simply by helping the public understand the nature of the role the courts play in civic life, a role distinct from that of the political branches. We live in an era in which sharp political divides within our political branches have shaken public faith in government across the board. We on the bench can bolster public confidence by exercising independent judgment to reach sound decisions carefully explained to the best of our abilities. We rely on the bar’s skilled professionalism and hard work to help us carry out that function.”

I endorse fully this timely caution by Chief Justice Roberts and call on all members of the Bar wherever they find themselves in their service to mother Africa and indeed Ghana to rise above blind partisan divide to that of problem solvers. As members of an honourable profession, we are required to live above reproach. Regrettably a few bad nuts who compromise integrity for wealth and fame and engage in unethical practices have succeeded in giving the profession a bad name. It is time for such lawyers to make a volte face. The legal profession needs it. Africa needs it. Mother Ghana needs it to propel a new generation of leaders along the chosen track to salvage our people from stagnation.

BOMB ATTACK AT ISLAMABAD LOCAL COURT, PAKISTAN

The GBA expresses its sorrow and deep concern at the recent gun and bomb attack at court premises in Islamabad, Pakistan killing ten people, including Additional Sessions Judge Rafaqat Ahmed Khan Awan. The GBA joins the Commonwealth Lawyers Association to express its full solidarity with the members of the Pakistan Bar Council and condemns this terrorist attack and all forms of terrorism. An independent judiciary is essential to upholding the rule of law and such attacks threaten the safety and security of judicial officers and the members of the bar. The GBA hopes that going forward the Pakistan authorities will provide adequate security at the court complex and take stringent measures to ensure that the independence of the Judiciary and the Bar is not compromised by such attacks. Without brave and independent judges, nation states risk descending into anarchy. It is for this reason that the Islamabad authorities must ensure the safety of our fellow legal professionals.

RUSSIA’S INTERFERENCE WITH THE SOVEREIGNTY OF UKRAINE

The GBA condemns President Vladimir Putin’s incursion into Ukraine as a violation of the United Nations (UN) Charter and calls for an independent international investigation into the matter. Article 2(4) of the UN Charter provides that all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. Ukraine is a sovereign state. Russia, as a UN Member State, is bound by the UN Charter’s prohibition on the use of force against it. Deploying one state’s armed forces into the territory of another state without consent falls within Article 2(4)’s prohibition. Ukraine’s sovereignty and territorial integrity must be respected.

GBA Strategic Plan

At the 2013 conference in Ho, the house passed our 5 year Strategic Plan. Ladies and Gentlemen, the 5 year Strategic Plan is being implemented commencing with the health and investment needs of our members. Sadly, members have not been forthcoming in registering to enjoy the benefits these health and investment plans afford to them. In the past year, the bar has painfully lost 18 of its members not to talk of the loss of GHC 20, 000 each as contribution to the deceased’s families had these members availed themselves of the opportunities of registering under the health scheme.

Talking of health, dear colleagues at the Bar, permit me to touch on the need for members to engage in regular health checkups. In the year under review, the Bar has unfortunately witnessed the demise of quite a number of our colleagues; sadly sometimes through diseases whose early detection could have saved our members’ lives. I would, therefore, like to use the opportunity to call on members to make good use of the health checkups presented to us this week. I have been informed of the helpfulness of these checks by some members who have been religious with these annual checkups and who but for these checkups would have had a different story to tell if only they would have been alive to tell those stories. Our medical experts assigned to us this week are ready to assist us to deal with or advise us on how to deal with some of the health challenges we face.

Lady Chief Justice of the Republic of Ghana, Honourable Lady Attorney-General, members of the Learned Fraternity, Distinguished Ladies and Gentlemen, I wish to conclude my address by congratulating members for a successful and productive year. My executive and I continue to count on your invaluable support for an effective bar and country.

I thank you all for your kind attention.

God Bless Our Homeland Ghana And Make It Great And Strong!