A constitutional lawsuit has been filed at the Supreme Court by Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, a private legal practitioner, Israel Tetteh, and the Ghana Law Society, challenging the exclusive constitutional powers granted to the Ghana Bar Association (GBA).
The suit, which names the Attorney-General and the GBA as defendants, seeks to fundamentally reinterpret the status of the Bar Association in Ghana’s governance structure.
The plaintiffs are asking the Supreme Court to declare that the numerous references to the “Ghana Bar Association” in the 1992 Constitution do not refer exclusively to the current private voluntary association known as the GBA.
Instead, they argue, the term should be construed as a generic or umbrella designation for all associations of lawyers in Ghana.
The writ cites specific articles of the Constitution where the GBA is mentioned, including roles in the appointment of judges to the Supreme Court (Article 153(f)), the Court of Appeal (Article 157(1)(c)), and members of the Judicial Council (Article 201(e)).
The core of the plaintiffs’ argument is that granting a single private association a monopoly over these significant constitutional functions violates the fundamental rights of other lawyers.
They contend that this exclusivity breaches Article 17, which guarantees equality and freedom from discrimination, and Article 21(1)(e), which protects the freedom of association.
“Any settlement of constitutional powers, rights, roles or privileges on the current ‘Ghana Bar Association’… forecloses rival associations of lawyers from equal recognition and participation in the public constitutional space,” the writ states.
The plaintiffs are seeking several declarations from the court, including an order to restrain the GBA from holding itself out as the exclusive entity referred to in the constitution.
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