A constitutional lawsuit has been filed at the Supreme Court by South Dayi MP, Rockson-Nelson Dafeamekpor, private legal practitioner Israel Tetteh, and the Ghana Law Society, challenging the exclusive constitutional powers accorded to the Ghana Bar Association (GBA).
The suit, which names the Attorney-General and the GBA as defendants, seeks a reinterpretation of the Bar Association’s role within Ghana’s governance framework.
According to the plaintiffs, references to the “Ghana Bar Association” in the 1992 Constitution should not be confined to the existing private voluntary association but rather understood as a generic term encompassing all associations of lawyers in the country.
They cite provisions in the Constitution that assign the GBA roles in judicial appointments and governance, including Article 153(f) on the Supreme Court, Article 157(1)(c) on the Court of Appeal, and Article 201(e) on the Judicial Council.
The plaintiffs argue that granting one private body exclusive control over these constitutional functions infringes on the rights of other lawyers and violates the principles of equality and freedom of association guaranteed under Articles 17 and 21 of the Constitution.
They are therefore asking the court to declare that no single voluntary group, including the current GBA, can hold exclusive constitutional authority and to restrain the association from presenting itself as the sole body referred to in the Constitution.
Source: Adomonline
ALSO READ:
