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Lawyers form new company to rival Ghana Bar Association

A group of lawyers in Ghana have registered a new company limited by guarantee, to rival the Ghana Bar Association (GBA)

A group of lawyers in Ghana have registered a new company limited by guarantee, to rival the Ghana Bar Association (GBA), which was hitherto, the only professional association of lawyers in Ghana.

According to the certificate of incorporation available to Asaase Radio, the new company goes by the name “Law Society of Ghana” (Limited By Guarantee, LBG).

Registration details of LSG

The registration number of the company is CG012690222 and its tax identification number (TIN) is C0061614130.

“I hereby certify that Law Society of Ghana LBG is this day incorporated under the Companies Act, 2019 (Act 992) and that the liability of its members is limited by guarantee”.

“Given under my hand and official seal at Accra, the 28th day of February 2022” the certificate of incorporation signed by the registrar of companies read.

A copy of the certificate of incorporation of the Law Society of Ghana

GBA Constitutional Recognition

The 1992 Constitution of the Republic recognizes the Ghana Bar Association. By virtue of this recognition, the constitution provides for example in Article 259 (b) (ii) that the Land Commission should have a representative from the Ghana Bar Association.

Article 201 (e) also provides that the Police Council should have a lawyer nominated by the Ghana Bar Association and Article 206 (e) provides for same with regard to the Prison Service Council, to name but a few.

The constitutional recognition of the GBA puts it in a unique position above any other organization or association that may be formed or incorporated to rival it.

Membership of GBA

By convention all lawyers admitted to practice in Ghana become automatic members of the Ghana Bar Association (GBA) and it is not clear what has necessitated the formation of a rival association and which lawyers promoted or sponsored the creation of the Law Society of Ghana.

The GBA website, www.ghanabar.org, indicates that “today, it is factually established that 7,411 have been called to the Ghana Bar since 1877, with about 3,000-odd in local practice”.

By virtue of the existing GBA membership convention, the GBA has 7,411 members. However, the GBA according to it published list of members who are in financial standing for the current legal year is 3,770.

GBA leadership

Lawyer Yaw Acheampong Boafo, former national secretary of the Ghana Bar Association was elected President of the Ghana Bar Association on the 15 September 2021.

He took over the leadership of the Bar Association from Anthony Forson Jnr after he exited office having served a full three-year term.

Yaw Boafo beat Efua Gartey, by 605 votes (52.83%) to 540 votes (47.16%) in the election held as part of the 2021 annual Bar conference held at the Fountain Gate Chapel, Bolgatanga, in the Upper East Region.

Kwasi Amoako Agyei, the then Eastern Region president of the Bar Association was also elected Vice President of the Ghana Bar Association, beating Yaa Onyamye Gyakobo by 656 votes (57.44%) to 486 votes (42.55%).

Nana Serwa Acheampong retained her position as National Treasurer of the Association obtaining 694 votes (61.30%) as against her contender’s 438 votes (38.69%)

Kwaku Gyau Baffour who was the assistant secretary, was elected new national secretary unopposed and Saviour Kudze, the then assistant Public Relations Officer (PRO) was elected the substantive PRO unopposed.

History of GBA

The British parliament established the Supreme Court of Judicature for the Gold Coast Colony in 1876, with a Chief Justice and no more than four Puisne Justices.

John Mensah Sarbah was the first native of Ghana to be called to the bar by Lincoln’s Inn in 1887.

The legal system was based on that of England, in which solicitors provide legal advice and prepare legal documents while barristers act as advocates in court.

However, this division was not observed in practice in Ghana, and in 1960 an act abolished the distinction. Until the Ghana School of Law was established in 1958, all lawyers were trained abroad, almost always at the Inns of Court in England.

As of 2020, there are over 7,000 practicing lawyers, although not all have registered as members of the Bar Association.

Wilberforce Asare

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