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The Attorney General (AG) and Minister of Justice, Godfred Yeboah Dame, has hailed the election of Efua Ghartey as president of the Ghana Bar Association (GBA), describing her assumption of office as “historic and one of the high points in the annals of the Bar in this country”.
Speaking during the swearing-in ceremony of the new president and executives of the GBA, held in Wesley Towers at Methodist Headquarters in Accra on Monday (4 November 2024), the AG said the appointment shatters long-standing barriers in the legal profession, with Ghartey the first woman to hold the office since the formation of the Gold Coast Bar in the late 19th century.
Historic
Attorney General Dame recalled that following 1887, when the first indigene, John Mensah Sarbah, was called to the Bar at Lincoln’s Inn, and 1958, when the Ghana Bar Association adopted its first constitution with R S Blay elected as the GBA’s first president, “You hold the enviable record as the first woman president of the Ghana Bar.
“Indeed, you have shattered the glass ceiling of male domination of the presidency of the Bar.
“This morning, I took a look at remarks I made on the swearing-in of the outgone executives on 1 November 2021.
“Interestingly, I had this to say: ‘What is conspicuous about the composition of the current executive is the rather diminished representation of our women. It is my expectation that in the future, the Bar will be kinder to our women – competent and able, of course – who put themselves forward for election to office.’
“The Bar must have listened intently to this soft admonition by me and responded loudly at the last Bar elections. I am happy that today, unequivocally, we can say that the Bar is being led by women – with the election of Efua Ghartey and Victoria Barth as president and vice-president, respectively. Congratulations to the duo!” Dame said.
Independence of the judiciary
The AG called on the Bar Association to be vigilant in defending the integrity of the judiciary from individuals who seek to undermine its independence through unfounded attacks.
He stressed that safeguarding the dignity and authority of the judiciary is vital to upholding the rule of law and preserving Ghana’s democracy.
He also highlighted the critical role judges play in handling complex legal disputes, often involving sensitive and divisive matter.
Challenging
The Attorney General emphasised that while these decisions might be challenging, they were made, based on law, experience and training, underscoring the essential role of the judiciary in maintaining justice.
“As I have said time and again, judges are often called upon to make decisions on some of the most difficult questions arising from the actions and conduct of persons in this country. They are decisions that very few of us would feel comfortable making,” Dame said.
He reiterated that the judiciary’s responsibility was to administer justice in accordance with the law, adding that respect for their judgments is paramount to sustaining legal order.
The Attorney General also pointed to the foundational principle enshrined in Ghana’s constitution, which asserts that sovereignty belongs to the people, and the constitution itself holds supreme authority.
“In this country, no institution or individual has sovereignty. In accordance with Article 1 of the constitution, sovereignty resides in the people of Ghana and the constitution is the supreme law of Ghana,” he declared.
He emphasised that all institutions must conduct their affairs within the constitutional framework, warning that any deviation risks being declared unconstitutional or illegal by the courts. “Whatever procedures are utilised by any institution in this country for the conduct of its activity must comply with the constitution and the laws of Ghana,” he stressed, adding that this adherence is “non-negotiable” and essential for the nation’s democratic resilience.
Disciplinary
Addressing disciplinary expectations of the legal profession, Dame signalled the importance of accountability within the ranks of Ghana’s lawyers.
He endorsed the General Legal Council’s authority to discipline lawyers who undermine the judiciary’s credibility by spreading false legal theories or engaging in misconduct, whether publicly or in court.
“The situation where lawyers propound false constitutional theories on radio, misconduct themselves in court and in public, but the General Legal Council fails to apply the relevant sanctions, contributes to the erosion of respect for the legal profession,” he declared.
Confidence
Attorney General Dame further congratulated the newly elected GBA executives, expressing confidence in their ability to serve as effective stewards of the association, the legal profession and the judiciary.
“The fine blend of experiences and rich profiles that you bring into your respective offices will equip you sufficiently to discharge the demands of your duties and to win the hearts of the Bar, the bench and the public,” he said.
The AG said the Bar must have taken note of his gentle encouragement and responded resoundingly in the recent Bar elections. He expressed his delight, stating that now, without a doubt, the Bar is being led by women, with Efua Ghartey and Victoria Barth elected as its president and vice-president, respectively.
“Congratulations to both! I mentioned to Mrs Ghartey in Kumasi that her election seemed touched by destiny, arriving at a moment like this. First, it’s symbolic that it happened in a year when Ghana’s Parliament, after considerable struggle, passed the Affirmative Action Act, which the president signed into law on 30 July 2024,” the AG recalled.
Fortunate
He remarked: “Second, Mrs Ghartey was ‘third time lucky’, securing her election only on her third attempt – similar to her legal mentor, Nana Addo Dankwa Akufo-Addo, the president of Ghana.”
He encouraged the executives to uphold their commitment to protecting the judiciary’s independence, as well as advancing the legal profession in a manner that reinforces Ghana’s democratic values.
“I have no doubt that you will prove equal to the task,” Dame added. “I wish you a successful term. The privilege of service is yours. Do your best.”
Reporting by Wilberforce Asare in Accra
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