The Chief Justice of the Republic, Justice Gertrude Torkornoo, has declared that if it is considered appropriate to cite ordinary citizens in Ghana for contempt of court, whenever they comment on cases that are pending in the courts, the same action should apply to justices of the superior courts of judicature in a swifter manner.
Chief Justice Torkornoo was delivering the keynote address at the opening ceremony of the seventh Annual Legal Ethics Training Programme, organised by the African Centre on Law and Ethics (ACLE) of the Faculty of Law at the Ghana Institute of Management and Public Administration (GIMPA) and held at the Dr Daniel McKorley Moot Courtroom today (31 July 2023).
She said the code of conduct for judges clearly prohibits them from commenting on pending and impending cases before any court.
“If we could call an individual for contempt before any court for discussing a case in court, then we ought to haul a judge even faster,” the Chief Justice told the audience.
“A judge shall refrain from making any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or any non-public statement that might substantially interfere with a fair trial or hearing.
“As you can see, I am reading: that is part of the code of conduct on propriety,” Justice Torkornoo said.
The Chief Justice told law students participating in the forum that they ought to take the subject of legal ethics very seriously. She said that individuals seeking to be called to the Bar cannot misconduct themselves and expect that, at the time of their call to the Bar, their offensive and obscene conduct ought to be overlooked.
Committed to legal ethics
Kwaku Agyeman-Budu, the dean of the GIMPA Law Faculty, also presented a statement at the opening ceremony. He said the ACLE at the Faculty of Law is committed to ensuring that it works with all its stakeholders and partners to shape the ethical landscape for the legal profession in Africa.
According to Dr Agyeman-Budu, the ACLE’s journey “has been marked by dedication, collaboration and the pursuit of excellence, and today the ACLE stands as a testament to the values of our partner institutions and our collective commitment to supporting the rule of law and equivalent access to justice across Africa”.
“Through this centre, we have nurtured the first step in legal ethics education for many current and future lawyers, judges and legal professionals from various corners of our [African] continent, empowering them with the knowledge and integrity to contribute positively to society.
“It is on the aforementioned foundation and purpose that we have gathered here once again, as key partners and stakeholders in the development and advancement of legal ethics in Ghana and beyond.
“Thus, this year’s Legal Ethics Training Programme is not the start of a training session. Indeed, it is a continuation of a vision built on years of experience, treasured insights, accomplishments and, most importantly, a continuous shared desire to uphold ethical standards in our very respectable profession,” Dr Agyeman-Budu said.
“As we mark this milestone, I extend my heartfelt gratitude to all our partners – our special guest, Her Ladyship the Chief Justice, Justices of the Supreme and Superior Courts, faculty members, students and the entire team that has contributed to the vision and mission of the ACLE over these years. Together, we will continue to inspire and shape the legal landscape of Africa, and with unwavering dedication we will strive to create a brighter and more ethically sound future for the legal profession,” he said.
Legal ethics training
The Legal Ethics Training Programme is the flagship course of the African Centre on Law and Ethics, which is based at the Faculty of Law of the Ghana Institute of Management and Public Administration in Accra.
It is an intensive four-day course that aims to acquaint law students and young lawyers in their early years of practice with the main principles and rules governing professional legal practice.
The Legal Ethics Training Programme has previously taken place in Ghana in 2016, 2017 and 2018 and was held in Kigali, Rwanda in 2019.
In 2020 it was held online because of restrictions on movement to help curb the spread of COVID-19 and in 2022 it took place in Ghana. This year therefore marks the seventh year of the programme.
The ACLE
The African Centre on Law and Ethics (ACLE) at the GIMPA Faculty of Law is a research, scholarship and training centre, formally established in July 2017 to facilitate the growing commitment to law and ethics on the African continent.
The ACLE was born primarily from the success of the Legal Ethics Training Programme in 2016.
The centre’s aims include providing tailored training on law and ethics for African students of the law, lawyers, judges and other legal professionals.
It also undertakes interdisciplinary and comparative research on accepted standards of practice for lawyers, judges and other legal professionals.
Reporting by Wilberforce Asare in Accra
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