There is no gainsaying the fact that Parliament plays a central role in a democratic dispensation and governance.
Under the 1992 Constitution of Ghana, Parliament is vested with the authority to make and amend laws, exercise oversight responsibilities and serve as a forum for debates of various government policies.
It is in Parliament that the policy of Government/Executive receives the imprimatur of the people, where budget is approve or disapproved and appointments by the executive arm are endorsed.
The importance of Parliament is so germane in the running of a government that, the British, by their constitutional design and calculus, have assigned the legislature a near Sovereign status.
In spite of the legislature’s preeminent role in democratic governance, the Constitution, 1992 does not dictate nor prescribe the professional qualification of those hoping to serve in the august chamber (see article 94 of the Constitution).
Under the 4th Republic, however, it is noteworthy that a number of lawyers have served as legislators. The truth is that the nature and form of Parliamentary work, like a magnet, attract lawyers.
For the 2024 election cycle, the age-old tradition of lawyers seeking legislative careers is in full swing. We are therefore profiling Parliamentary candidates, across the political divide, who are lawyers.
First, we find it fitting enough to profile Lawyer Ralph Poku-Adusei, the Member of Parliament for the Bekwai Constituency.
Age: 42
Childhood: The son of a businessman Nana Poku-Adusei and born into a storied political family in Kumasi. Poku-Adusei always wanted to become lawyer. Poku-Adusei would be occupying the seat once held by his uncle Kofi Poku-Adusei a former Minister of fisheries under President J.A Kuffour (if he wins the parliamentary elections in December 2024).
Family: Mr Poku Adusei married his wife Gloria (a Lawyer) in 2013.
Education: College of law England and Wales, United Kingdom, Ghana School of Law, Opoku Ware School.
Lawyer Ralph Poku-Adusei has had a successful career at the Bar. He has been associated with some significant cases at the Superior Courts. This page may not be enough to list all of them. However, there is one significant case that needs some special mention as he successfully represented the Plaintiff therein, even more impressive, that it happened in his nascent years at the Bar.
Nana Nkansah Boadu v State Insurance Company (2018) JELR 65674 (HC)
In this case, the Plaintiff sought to recover GH¢850,000.00 from the Defendant being the sum insured under an insurance contract for a six-storey building. The building in issue collapsed on November 7, 2012, and naturally a claim was made for the insured sum by the owner (Plaintiff). The Defendant however refused to settle the claim, citing non-payment of the premium before the occurrence of the loss.
The central question in this case thus revolved around whether not by virtue of delayed payment of the insurance premium for the insured building, the Defendant was excused from any obligation arising from the insurance contract? In other words as Plaintiff had settled the insurance premiums with postdated cheques and same had yet to be processed, can it be said that insurance contract between the parties has concluded?
Agreeing with Ralph Poku-Adusei, Plaintiff Counsel, the High Court coram Jennifer Dadzie (as she then was) in clarifying the legal principles surrounding insurance contract held that, acceptance of an offer together with consideration suffice to form an insurance contract, even in cases where payment of premium is post-dated/deferred.
The court also noted the course of conduct between the parties and observed that even though the Plaintiff had issued three post dated cheques, the Defendant accepted and possessed the postdated cheques before the loss transpired. And by accepting these cheques offered by the Plaintiff and treating the premium as paid, the Defendant entered into a valid contract of insurance upon issuing the insurance policy.
The significance of this case or decision cannot be overemphasized in our Jurisprudence. It is a decision that mainly dealt with principles in Contract law and Insurance law. Students and practitioners of the law in Ghana will easily accept the fact of a dearth of authorities in Insurance law. That notwithstanding, the decision is a refreshing addition to authorities on Insurance law.
Most Importantly, it dealt with the validity of contract between an Insurance company and an Insured, including from conducts such as issuance of insurance policy to an insured who may not have paid premiums with cash; the nature and means of payment of insurance premiums, including by the payment of post-dated cheques.
This case also touched on when an insurance company’s liability arises; and how Insurance companies cannot repudiate or escape liability to pay insurance claims by relying on some conditions or requirements after the occurrence of the event or damage.
So what does Poku-Adusei bring to Parliament: A prominent lawyer with 14 years standing at the bar and given the notable exit of high profile legislators, Mr Poku-Adusei’s possible election would ensure the presence of a seasoned and strategic legal hand who after a successful corporate and appellate practice, would assist in shepherding legislations and parliamentary oversight responsibilities.
On a personal level, he has proven to have the interest of the poor and marginalized at heart, evident in many reported acts of philanthropy and social interventions to the good people of Bekwai and the environs. He understands the local dynamics and connects well with the grassroots to enable him offer quality representation to the people.
Favorite Quote: “It is impossible only when you don’t know how to make it possible”
Favourite Book: Means of Ascent by Robert Caro
Advice to young lawyers at the Bar: Industry is the name of the game. It is important for young lawyers at the bar to be thorough with preparations. Being industrious will mean deligent research, especially when appearing before the Superior Courts. Of course it is also helpful that young lawyers learn the act of unravelling the weakness of their case and it does not matter that all the law and facts appear to favour their side. No matter how confident you are on the law regarding your peculiar facts, endeavour to address the loopholes in your case and deal with same before appearing in court.
I would also advice and encourage lawyers to read broadly including in areas outside statutes and case law which would ensure that lawyers have a comprehensive grasp of the nature and dynamics of the law to stand them in good stead at the Bar. Suffice it to say that, success at the Bar is not guaranteed. It takes hardwork and a lifelong commitment to excellence.
Overall, I wish for young lawyers to have Courage and Guts!
