The Ghana Bar Association (GBA) with Mr. Yaw Acheampong Boafo as its President has strongly registered their displeasure against the lethargic manner of action against public officers and appointees of President Akufo-Addo involved in corruption.

In a reiteration of the same feeling expressed by the GBA President in Cape Coast during the Annual Bar Conference, the President of the Bar Association reminded the President of his promise before assuming the high office of the land in the following words:

"The GBA, accordingly reminds His Excellency the President of the Republic of his public undertaking in December 2016 following his election as the 5th President of the 4th Republic thus: “If your goal in coming into government is to enrich yourself, then don’t come. Go to the private sector. Public service is going to be exactly that; public service”"

The Association through the President who addressed the Press on the Association's now returned tradition of Post-Bar Conference Press briefings said the promise of a government with no room for persons seeking private gain by President Akufo-Addo if not seen to be acted upon may dim the hope the words incited in the Ghanaian public prior to his assumption of the Presidency.

[Pictured: The GBA President addressing the Press in the company of the Former GBA President, Anthony Forson (In Bow Tie) and the Secretary of the Association (Seated in blue tie)]

The address by the Bar Association through its President touched on issues such as galamsey, the deprivation of our public primary schools, divisive political commentary by lawyers, the fallouts from the protests on the streets of Accra in the month of September 2023 and the devastation caused by the spillage of water from the Akosombo dam among others.

Read full speech of the President Below:

STATEMENT AT PRESS CONFERENCE HELD ON WEDNESDAY 18TH OCTOBER, 2023 AT THE GHANA COLLEGE OF PHYSICIANS AND SURGEONS ON MATTERS ARISING FROM THE ANNUAL GENERAL CONFERENCE OF THE GHANA BAR ASSOCIATION HELD AT THE NEW EXAMINATION CENTRE, UNIVERSITY OF CAPE COAST FROM 10TH SEPTEMBER, 2023 TO 15TH SEPTEMBER, 2023 ON THE THEME, “ENSURING HIGH STANDARDS AND INTEGRITY IN PUBLIC LIFE: THE ROLE OF THE LEGAL PROFESSION AND SUBSEQUENT NATIONAL ISSUES

Ladies and Gentlemen of the media, on behalf of the Ghana Bar Association (GBA) I want to say a big thank you for attending this press briefing at such short notice.

In the past, the GBA had a tradition of holding a press conference after every Annual General Conference to publish the resolutions carried at its Annual General Conference to the media and general public.

This tradition in recent times has not been practiced and this has led to decisions and resolutions taken and decided at GBA Conferences from being brought to the attention of the general public.

The National Executive Committee (NEC) has decided to revive the tradition of post-conference press briefings which is why we are gathered here today. The GBA intends this to be an annual affair and go beyond a reading of conference resolutions.

The 2023 Annual General Conference of the Ghana Bar Association was held at the New Examination Centre, University of Cape Coast from 10th September 2023, to 15th September, 2023.

The theme for the Conference was “Ensuring High Standards and Integrity in Public Life: The Role of the Legal Profession” The address by the National President of the GBA at the Conference which touched on certain matters affecting the nation will be the basis of this press briefing.

As a professional association, the Ghana Bar Association acknowledges the legal profession’s central role in upholding integrity in public life and the GBA, therefore, urges all lawyers to be at the forefront of upholding public integrity standards.

High standards will ensure that proper and acceptable practices and processes are not compromised. At the same time, integrity is necessary for the public good, ensuring that the welfare of the state and its people are prioritised and fulfilled over private gains and interests.

Integrity in public life should resonate with us as citizens. Integrity in public life will mean that businesses can compete fairly and competitively and actual competencies are rewarded.

Individuals and entrepreneurs can build and sustain their businesses on merit, not through improper influences or partisan connections. Similarly, appointments and promotions in public service should be based on merit.

It is fair to say that our public service and offices are riddled with bribery, embezzlement and corruption. Procurement breaches are rife, serving as a steady flow of questionable wealth for some public officers.

Corruption permeates all levels of the public sector and social arrangements. Scandals by political and public officers and civil servants are commonplace. There is even the fear that corruption has become normalised.

The annual Auditor General’s Report, with its attendant public hearings and the revelations therein, although not new, still make a sad commentary on the state of corruption, plundering, embezzlement and mismanagement of the public purse in this country. We cannot be proud and satisfied with how Ghana has recently ranked on the Transparency International Corruption Index and the Index of Public Integrity.

We cannot continue like this. Things must change. By way of remedial steps, the GBA proposes that as a people we go back to the basics. Let us imbue in our children the cultural and social norms, values and virtues of honest labour, decency and integrity.

We must stop defending and covering up for persons, especially those in the public service, who suddenly become rich and acquire properties without questioning how they came by them.

Under Article 35 (8) of the Constitution it is an obligation by the State to eradicate corrupt practices and abuse of power. In that regard, while we acknowledge reasonable efforts in the fight against corruption in recent years, we hold the view that there is room for improvement. Things could have been better.

We must all condemn this phenomenon where appointing authorities decide not to appoint men and women of real competence and proven integrity to public and political office, and instead make such appointments on grounds of personal preferences or partisan or sectional interests or on considerations of patronage or even by how much financial resources an appointee contributed to the electoral victory.

We must have a system where laws and sanctions for breaches are consistently and fairly enforced and where people in public offices who embezzle resources are dealt with according to law.

In that regard, the GBA looks forward to the swift passage of the Conduct of Public Officers Bill, which we believe will ensure and instill a culture of accountability and integrity amongst public officers. We call on the Government and Parliament to prioritise and work closely together in making it a reality. Enough of the lip service!

The GBA, accordingly reminds His Excellency the President of the Republic of his public undertaking in December 2016 following his election as the 5th President of the 4th Republic thus: “If your goal in coming into government is to enrich yourself, then don’t come. Go to the private sector. Public service is going to be exactly that; public service”

This undertaking gave hope to Ghanaians of the emergence of a new dawn of politics. However, it is our respectful view that the several reported corruption-related incidents involving some of the appointees and also amongst some public officers under the current administration and the largely lethargic manner with which they are dealt with and even defended and protected leaves much to be desired.

It must be stressed that as President, the painful truth is that the buck stops with him. It is enough to say that it will be a sad period for our democratic governance if such a public undertaking that gave millions of Ghanaians hope ends up as a usual campaign rhetoric by a politician. The jury is still out on this one and we hold the President to his undertaking!

GALAMSEY:-

Please permit me to touch on Ghana’s raging menace of illegal mining. Like a plague that refuses to go away- helped in part by the activities of some greedy, lawless and irresponsible Ghanaians- it has succeeded in wrecking an incalculable toll on our forests and water bodies and the livelihoods of thousands of families.

The harmful and deleterious effects of galamsey are all around us. They are ubiquitous, which we cannot gloss over. Lands for the cultivation of staple food and cash crops have been affected.

The Paediatric Society of Ghana in a recent statement by its President, Dr John A. Appiah, has established from their studies how the galamsey menace is “contributing to deaths among children as well as cognitive deficits which affect their school performance and suspected to cause congenital malformations”.

Despite the efforts and assurances of the government to deal with the menace, there appears to be a general consensus that the government has not done much to effectively and roundly deal with it.

The GBA holds the view that a lot more can still be done to effectively deal with the menace that poses a severe threat to our survival, especially in this period of climate change concerns. We call on government, political leadership and key stakeholders to show more political will and integrity in decisively dealing with the galamsey menace.

This can be done if the “real powers” behind the galamsey menace are identified and dealt with in accordance with the law. Galamsey is a capital-intensive illegal activity. The heavy-duty equipment and other machinery and chemicals used in galamsey cannot be afforded and purchased by the young men and women who get arrested on galamsey sites.

Such hired hands do not grant entry permits into forest reserves are not granted, and one does not need to possess clairvoyant powers to ascertain that galamsey can only thrive if influential persons in society are actively funding such a menace. The reasonable and irresistible conclusion is that it is controlled and funded by a network of corrupt public officials, politicians, traditional rulers and wealthy and powerful business interests.

Indeed, we will be playing the ostrich with our future if we pretend to be as we are now. The government must be honest and bold and fish out this evil axis of powerful interests engaged in the wanton destruction of our environment and deal with them decisively, irrespective of the status or political background of the individuals involved. If we refuse to act the ravenous gluttony of our elite will ultimately destroy us as a nation.

https://www.tiktok.com/@thelawplatform/video/7290468107909451014?is_from_webapp=1&sender_device=pc&web_id=7239416459838375429

PUBLIC BASIC SCHOOL EDUCATION:-

Social justice is the notion that all citizens must be treated equally and have equal access to the social amenities and opportunities in the community necessary for their existence and development.

Within the context of this press briefing, one area of social justice also very dear to the GBA is the funding for and allocation for the running of the public school system, especially at the basic level and the general quality of education offered within our public school system. It is common knowledge that standards have fallen in our public schools despite efforts by successive governments.

Our public school system still grapples with issues or challenges such as dilapidated infrastructure, inadequate furniture and lack or even late supply of teaching and learning materials. The phenomenon of pupils learning and being taught under trees otherwise known as “schools under trees”, unfortunately persists.

While we commend the government for implementing the Free SHS policy since 2017 which has significantly improved access to secondary education in Ghana, the GBA notes with concern the apparent discrimination against public basic education.

For example, Mr. Kofi Asare of policy think-tank, Africa Educational Watch, in his analysis of recent budgets, particularly, the 2023 budget on education, found that while government’s discretionary budgetary allocation to Free SHS and TVET for goods and services as well as for capital expenditure ( CAPEX ) saw an increment, budgetary allocation to basic and special education for goods and services. CAPEX saw a reduction, revealing inequities in budgetary allocation across the various levels.

It is absolutely certain that pupils who attend “cyto” are from poor and deprived backgrounds. The apparent abandonment of the “cyto” schools reinforces the notion that our democratic experiment under the 4th Republic is becoming one of “elite freeloading”.

An examination of Ghana’s education system reveals a public education system that appears to be lopsided in terms of the fact that while most people generally view basic schools run by the State as poor quality, the State arguably owns the best secondary schools and universities.

It is the view of the GBA that huge investments in infrastructure for example in Grade A Senior High Schools where the children of the elite make up the highest intake to the detriment of investing in “cytos” can never be justified and is retrogressive.

The chasm that exists between our public basic schools and that of our public senior high schools should be a blot on our collective conscience as a nation. There must be a change.

To that end, the GBA calls on the government to do more for the basic school system, otherwise known as CYTO through increased and adequate funding and equitable allocation of resources to help improve teaching and learning and to address the undeniable infrastructure deficit at that level.

It will not only ensure that our children at the basic level are equipped with the necessary foundational skills for their future and a seamless transition also to enjoy the Free SHS policy but same will be in tandem with the social justice part of the Free SHS policy in terms of making public school education accessible to the poor and marginalised in our society.

PARTISAN POLITICS AND THE LEGAL PROFESSION/ADMINISTRATION OF JUSTICE

Our colleagues who are members of political parties need to understand that their primary fidelity is to the legal profession.

It is worrisome when members of the Ghana Bar Association itself join the chorus of ignorant partisan populists to denigrate the image of the legal profession and Judiciary.

We should not allow politics to divide us, nor should we subject ourselves to the dictates and wishes of politicians and sacrifice the nobility of our profession on the altar of divisive partisan politics.

Last year, we were told that unanimous judgments mean that there is no scholarship and independence of thought in judicial reasoning. Supreme Court judges were referred to in derogatory terms such as “Unanimous FC”. We even had the immediate past Chief Justice been described as the “worst Chief Justice ever” and lawyers of a particular political tradition were discriminated against when they appeared before Judges.

As if that was not enough, this year we are being told that the requirement to be appointed to the District Court Bench, the Circuit Court Bench, the High Court, Court of Appeal and the Supreme Court is by being a member of the political party in power and that this “policy” will be replicated in the event of a change in government.

The natural question to be posed to our overtly partisan colleagues applauding such a statement is, if they join the Bench at any level during a change in government in the future, how will they feel if people tagged them as having been appointed to the Superior Bench not because of their knowledge of the law or high level of integrity but only by reason of just being members of the ruling party?

It is instructive to state that save the Court of Appeal and Supreme Court where nominations are made by three parties: the government represented by the Attorney General, the Judiciary and the Bar, appointments to the Lower Court Bench and the High Court is pursuant to advertisements in national dailies inviting persons qualified to apply.

There is never a requirement that an applicant has to show his political affiliation. As a member of the Appointments Committee of the Judicial Council, I can say on authority that at no stage of the interview and evaluation process is the political leanings of an Applicant required.

There is no virtue in sacrificing the legal profession and the Judiciary on the altar of partisan politics. Politicians already have their fair share of shortcomings in this country, and we should resist their attempt to destroy and tarnish the image of the legal profession and the Judiciary.

There is an Akan adage that translates as follows: - “no one points to the direction of his hometown with his left hand”. Nothing is to be gained when a group of lawyers allows politicians to use them to denigrate the legal profession and Judiciary with its attendant ridicule on social media platforms. It is self-destructive.

Un fortunately, the toxic and divisive nature of partisan politics in this country, is being replicated when it comes to discussions relative to matters affecting the legal profession and the administration of justice. Our partisan colleagues give active encouragement and support for political hawks to insult and denigrate the leadership of the Bar and the Judiciary.

When such partisan hawks are encouraged by overtly partisan members of the GBA to insult the leadership of the Ghana Bar Association, it is not the leadership of the GBA in office at a particular time that suffers instead the image of the Ghana Bar Association gets smeared and its reputation lowered.

Just so we are all clear, let me state unequivocally that the GBA under my administration is not an appendage of any political party and neither does it exist to please nor even further the cause of any such entity. Any such impression can only be a figment of the imagination.

The GBA condemns in no uncertain terms partisan attacks on the legal profession and the Judiciary and we shall resist all attempts to foment disaffection against the Judiciary and the legal profession. What some of us are doing is akin to cutting our noses only just to spite our fine faces.

NEED TO REIN IN INDISCIPLINE AND USE OF INTEMPERATE LANGUAGE IN THE MEDIA SPACE:

Recent events have highlighted and brought to the fore acts of indiscipline, the dangers of the unbridled utterances, and the use of intemperate language across the various traditional and social media outlets, especially by political activists.

Much as freedom of expression and pluralistic media is guaranteed and protected under the 1992 Constitution, it should not be lost on all of us that attached to such a right is a corresponding and even a greater deal of responsibility and circumspection.

Democracy is not a synonym for chaos and indiscipline; it is not a byword for anarchy. Democracy and order are not odd bedfellows. We, therefore, cannot hide behind democracy and engage in all manner of indecent and indiscipline behaviour.

His Royal Majesty Otumfuo Osei Tutu II, Asantehene in the 1st Democracy Lecture organised by the National Council for Civic Education stated thus: “If you wean a people on a diet of scandal, do not be surprised that they have no appetite for good news” It is sad to state that this sombre reflection by the Asantehene, unfortunately encapsulates the malaise that has affected our media reportage. There is no benefit in self-censorship of the media. However, our situation is not all doom and gloom. We should also report what is good about our nation – our democratic stability, hospitality, ingenuity in most fields of endeavour both at home and abroad. The GBA, therefore, joins the call for more responsibility, decency, restraint and circumspection on our airwaves. The media and the programmes they churn out should be healthy ones that promote peaceful co-existence and real talk-shop and marketplace of ideas where opinions and superior alternatives are discussed and exchanged within an atmosphere of civility rather than platforms used as outlets for ventilation of divisions, intemperate language, and beating of war drums.

As the traditional adage goes “just as you advice the cat so must you advice the mouse”

Media fallibilities notwithstanding, the general public especially political parties and their activists must be advised that storming media houses, disrupting programmes and physically attacking journalists is an unwelcome slap in the face of constitutionally guaranteed media freedoms. If any citizen is unhappy with the programming work or news angle of any media house or journalist there are any number of remedies from the right of rejoinder, through NMC to the Courts.

MATTERS ARISING POST CONFERENCE

Certain matters have arisen since the end of our Annual General Conference, which if they before the Conference would have received significant consideration.

GBA CONFERENCE AS A POLITICAL STAGING POST

We take notice of reports in certain sections of the media that the GBA Annual General Conference provided a staging post for political speeches by the President of the Republic and the ruling NPP.

This statement is patently false and is intended to foment disaffection against the GBA.

This year is the seventh time that the President of the Republic, a distinguished member of the GBA, has addressed and attended the opening ceremony of the Annual General Conference. It is commendable that even though, the President was scheduled to travel to France on an official visit on the day of the opening ceremony of the Conference, he still found the time to attend and address the Conference.

The GBA has never been responsible for the contents of the speech of the President of the Republic. Thus it is grossly unfair to hold the GBA responsible for the contents of the speech of the First Gentleman of the Nation.

It is rather unfortunate that overtly partisan members of the GBA who were not present in Cape Coast to attend the Conference have been given the opportunity in the media to denigrate the GBA.

I must emphasise that the GBA has never, is not, and shall never be the appendage of any political party and neither shall the GBA be steamrolled or coerced to serve the partisan interest of any group.

OCCUPY JULORBI HOUSE DEMONSTRATION

The GBA noted the media narration of alleged police brutalities meted out to persons participating in the Occupy Julorbi House demonstration on 21st September, 2023.

Ordinarily, most people would have expected an instant comment by the GBA. This has not happened and the floodgates of insults, innuendos and false allegations have been opened against the GBA.

The seeming reticence of the GBA to act may be seen as deliberate inaction. However, it is not so. Recent experiences have taught us to be absolutely sure of factual situations before commenting.

On 26th September, 2023 the NEC of the GBA met the IGP and leadership of the Ghana Police Service to hear their side of the story. On 27th September, 2023 the NEC of the GBA met a representative of the leadership of the demonstration, Oliver Barker Vormawor Esq. Subsequently, we had audience with our colleague and member Richmond Rockson Esq. who had suffered manhandling by the Police in carrying out his work as a lawyer.

Richmond Rockson duly identified himself to the Police by producing his GBA biometric ID card. We would expect that the Police refrain from interfering with the lawful discharge of duties of lawyers who appear at Police Stations to offer legal services to persons in the custody of the Police. We are aware the IGP has apologised to our colleague. We are prepared to provide any assistance to our colleague in respect of this matter.

The Ghana Bar Association (GBA) has noted with serious concern recent developments in our country relative to agreement or disagreement regarding the routes to use for demonstrations and processions, and the intended and or targeted destinations that demonstrators will want to present whatever petitions they may have.

The GBA acknowledges the right of all persons to freedom of assembly including the freedom to participate in processions and demonstrations. The right to the freedom of assembly which includes the freedom to embark on or take part in processions and demonstrations is part of the fundamental human rights and freedoms in Chapter Five of the Constitution, 1992. It is provided by Article 21(1)(d) of the 1992 Constitution thus,

“21 (1) All persons shall have the right to –

(d) freedom of assembly including freedom to take part in processions and demonstrations.”

The above provision of the Constitution means that all persons have the constitutionally-guaranteed right and freedom to assembly which of course includes the freedom to embark on or take part in processions and demonstrations.

The Constitution in Articles 12 (2) and 15 (1) (2) (a) and (b) provide as follows:

“12. (2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest.”

“15. (1) The dignity of all persons shall be inviolable.

(2) No person shall, whether or not he is arrested, restricted, or detained, be subjected to-

(a) torture or other cruel, inhuman or degrading treatment or punishment;

(b) any other condition that detracts or is likely to detract from his dignity and worth as a

human being.”

Ladies and Gentlemen, from the above provisions of the Constitution, it is unequivocally clear that since every person in Ghana is entitled to the fundamental human rights and freedoms as guaranteed under the Constitution, the entitlement of every person to the constitutionally guaranteed fundamental human rights and freedoms is not absolute but subject to the respect for the rights and freedoms of others and for the public interest. In simple terms, what this means is that where one person’s rights and freedoms end, is where another person’s rights and freedoms begin.

Ladies and Gentlemen of the Press, as has already been stated, we have noted with keen interest and concern developments regarding demonstrations and protests in recent times, particularly in respect of issues concerning the routes to be used by demonstrators and which installations constitute “security zones” and therefore, cannot be accessed by demonstrators or protestors. The two most recent examples are those of “Occupy Julorbi House and “Occupy Bank of Ghana.”

As stated earlier, the leadership of the GBA has engaged the leadership of the Ghana Police Service, including the IGP, and one of the main organisers of the “Occupy Jubilee House (“Julorbi House”), Lawyer Oliver Barker-Vormawor, following accusations/allegations and counter-accusations/allegations by the “Occupy Julorbi House” protestors or demonstrators and the Police against each other. The leadership of the GBA has also engaged some individuals in the wake of various allegations of infringement of the rights of protesters or demonstrators by the police during the “Occupy Jubilee House” demonstration.

Ladies and Gentlemen of the Press, following our engagement of the parties to the “Occupy Julorbi House” demonstration as afore-mentioned, going forward, we wish to humbly and respectfully make the following suggestions in respect the exercise of the right to freedom of assembly including the right and freedom to embark on or take part in processions and demonstrations:

1)That in the exercise of the right and freedom to embark on or take part in processions and demonstrations, such processions and demonstrations should have identifiable and recognized organisers or leaders;

2) That people who embark on or take part in processions and demonstrations should have their reasons and grievances for embarking on and taking part in the procession and demonstration clearly outlined in a written petition to be submitted through the identifiable and recognised leaders or organisers of the procession or demonstration, to the affected or targeted person or leadership of the affected or targeted institution;

3) That inasmuch as possible, the identifiable and recognised organisers or leaders of people embarking on or taking part in processions and demonstrations should agree to routes to be used during such processions and demonstrations so as avoid situations where the rights and freedoms of other people who may not be embarking on or taking part in the demonstration and procession are not unduly and flagrantly violated or trampled upon. For instance, if people who embark on or take part in processions and demonstrations use principal and major routes leading to major health facilities, this may unduly impede access to such facilities, thus may be unnecessarily temporarily depriving people of unimpeded access to health care at that moment. Another example is, where people who embark on or take part in processions and demonstrations use routes leading to major business centres such as the Central Business District and this may lead to violating peoples’ right to freedom to engage in decent and legitimate economic activities for their survival;

4)That as provided by Article 17(1) of the 1992 Constitution, all persons shall be equal before the law. This means that there shall be no selective application of the laws of Ghana or preferential treatment of persons suspected to have violated any law in Ghana. Thus, the Police have the right to restrict, arrest or detain any person embarking on or taking part in a procession or demonstration on suspicion that that person has violated a law. However, the Police in enforcing the law, must always be mindful of the provisions of the Constitution. The Constitution in Article 15(1) and (2) provide that the dignity of all persons shall be inviolable. The said provisions of the Constitution also provide that no person shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment, or any other condition that detracts or is likely to detract from his dignity and worth as a human being whether or not the person is arrested, restricted or detained;

5) That persons embarking on or taking part in processions and demonstrations should always be mindful that the presence of the Police during processions and demonstrations is to offer protection for the protesters and demonstrators and also to ensure that law and order is maintained during processions and demonstration. Demonstrators and protesters should therefore desist from provocatively pelting substances, including stones at the Police;

6) That there is the need for a national dialogue for there to be an agreement as to which installations qualify to be designated as security zones in respect of which there should be no demonstration on its premises;

7) The theme for demonstrations should not be couched in insulting and derogatory terms. Julorbi, a Ga word. translates as the child of a thief. Even though, protests and demonstrations are an integral part of activism in constitutional democracies care must be taken that such demonstrations are organised in an orderly and decent manner devoid of insults.

SPILLAGE FROM THE AKOSOMBO DAM

The GBA notes with concern the massive destruction caused by the spillage of excess water from the Akosombo Dam. The Daily Graphic edition of Tuesday 17th October reported that 26,000 persons have been displaced. The Ghana Medical Association has issued a statement dated 16th October, 2023 on this matter. We join the GMA in expressing our sympathy and commiserations to all those affected by the spillage.

The Ghana Bar Association urges all Ghanaians to support the efforts to rescue and resettle all affected persons. Accordingly, we will be making a direct appeal to all our members to donate in cash and in kind to assist the relief efforts.

We are grateful for your time and attention this afternoon.

Thank you.