We took stock of lawyers whose work and advocacy at the Bar shaped,influenced and shed light on the legal landscape in 2023 for all that is worth. In other words, lawyers impacting society and contributing to our law and jurisprudence.
Here are our picks for the year 2023, albeit in no particular order
In 2023, Dr. Justice Srem-Sai (a notable teacher of law) had, in the case of Dr. Nduom & 2 Others v the Bank of Ghana & 2 Others, argued successfully to have the Supreme Court reverse the position that a person who is aggrieved by the revocation of a banking licence has to submit to arbitration.
The Banks & Specialized Deposit-Taking Institutions Act of 2016 (Act 930) provides for arbitration as the means of redress for a person who is aggrieved by the revocation of a banking license. However, the Applicants, through their Counsel, Dr. Srem-Sai, took a different position, namely, that the provision for arbitration in Act 930 does not preclude an aggrieved person from seeking a remedy under Article 33 of the 1992 Constitution.
In agreeing with Dr Srem-Sai, the Supreme Court held, among other things, that Section 141 of Act 940 does not oust the human rights jurisdiction of the High Court, as the Section contains no ouster element. The Court emphasized that the Constitution confers jurisdiction on the High Court for redress of human rights violations, which cannot be diminished by an Act of Parliament.
The Supreme Court also rejected the argument that Section 141 of Act 930 defers jurisdiction of the regular courts until arbitration is pursued. According to the Supreme Court, the Applicants had alternative means of redress, including under the Constitution, thus opting for redress under Article 33 of the Constitution is in accord with the law.
For his robust advocacy in throwing clarity on Section 141 of Act 930, Dr Justice Srem-Sai deserves our commendation.
A respected name at the bar, Victoria Barth has tutored many a lawyer.
In 2023, Barth brought her excellent lawyering skill to bear on a political scandal: deploying the law, to foil investigations by the Office of the Special Prosecutor into the affairs of a prominent politician.
The legal genius of Barth laid in calmly and maturely navigating through the thick stench of negative public opinion against her client and situating the matter and investigations in the right context; the law. Her legal dexterity which proved prescient, was clearly welcomed and rewarded before the superior courts.
His influence in the year 2023 stemmed from his role as a Deputy Attorney General and Minister for Justice.
His impact on the legal landscape is ensuring accountability through the law. One of his famous cases is the Republic v Aisha Huang, a Chinese national who was engaged in illegal mining in Ghana. Hon. Tuah-Yeboah actively led the prosecution of Ms Huang for illegal mining offenses. In prosecuting her, the legal system’s resolve and readiness to hold individuals accountable for environmental crimes and illegal mining activities is clearly underscored.
Another important case he has prosecuted is the The Republic vs William Ato Essien: The Republic vs William Ato Essien clearly set a precedent for accountability within the banking and financial services sector. The case is/would be perennial reminder that individuals presiding over the affair of financial institutions are fiduciaries who must attend to that duty with honesty and integrity.
In 2022, Mr Derick Adu-Gyamfi Esq. filed Writ and Statement of Case against the Attorney-General for a declaration that sections 13(2)(h)(i)(ii) of the Companies Act is inconsistent with the letter and spirit of articles 19(1), 19(2)(C) and 15(3) of the companies Act.
According to writ filed at the Supreme Court, the impugned section barred persons who are charged with a criminal offence involving fraud and dishonesty from becoming directors of companies.
The Apex Court unanimously agreeing with Mr Adu-Gyamfi held that the impugned sections 13(2)(h)(i)(ii) and 172(a)(i)(ii) are inconsistent with the letter and spirit of articles 19(1) of the constitution 1992.
This consequential act of the Mr Adu-Gyamfi Esq deserves our commendation.
A pressing matter in recent times has been the creation of the world’s largest free trade area – the Africa Continental Free Trade Area (AfCFTA). AfCFTA since coming to force has brought about together the 55 countries of the African Union (AU) and eight (8) Regional Economic Communities (RECs).
In Ghana, a prominent transaction lawyer, Nana Adwoa Hackman has been championing the cause of this transformative trade pact. She has been at the forefront of the Pan-African trade agenda in various fora including an active participation in the Africa Prosperity Network (APN)
Nana Adwoa has directed APN to take advantage of AfCFTA by partnering with institutions such as the AfCFTA Secretariat and private sector to shape the minds of African leaders.
She deserves our commendation.
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