Punish lawyers who propound false constitutional theories on radio, misconduct themselves in court – A-G tells GLC

The Attorney-General Godfred Dame has stated that the General Legal Council (GLC) will be right in acting against lawyers who deliberately denigrate the Judiciary.

He says lawyers who engage in this practice endanger Ghana’s democracy with a firm fist, a situation that should elicit a disciplinary response from the GLC.

“The situation where lawyers propound false constitutional theories on radio, misconduct themselves in court and in public but the General Legal Council fails to apply the relevant sanctions, contributes to the erosion of respect for the legal profession, destruction of the integrity of the Judiciary and most importantly, the deterioration of the constitutional order of the country,” he said during the swearing-in of the new executives of the GBA on Monday, November 4.

Godfred Dame also said the Ghana Bar Association (GBA) owes a duty to drive home the point that the privilege to practice law comes with a moral and legal duty to uphold the dignity of the profession and ensure that the privileged call to the Bar is not abused through unprincipled and disreputable conduct.

Mr Dame says it is only when practitioners maintain the highest standards of ethics that the nobility of the legal profession will be preserved. There cannot be any compromise on this.

He also urged the Bar to prevent and condemn each and every act of illegal pressure on the Judiciary.

“You must be on guard against unscrupulous persons who undermine the independence of the Judiciary by tarnishing its image unjustifiably. Only then will the purity, dignity and majesty of our courts be upheld,” he said.

Godfred Dame further stated that judges are often called upon to make decisions on some of the most difficult questions arising from the actions and conduct of persons in this country.

“They are decisions that very few of us would feel comfortable making. However, it is judges, who with their wisdom derived from long experience, training and discipline, will make such decisions in furtherance of the principle that justice should be done according to law,” he said.

In this country, no institution or individual has sovereignty, he stressed.

“In accordance with article 1 of the Constitution, sovereignty resides in the people of Ghana and the Constitution is the supreme law of Ghana. The supreme law of Ghana has vested the Judiciary with final judicial power. Every individual or institution, including the person who takes precedence over all in this country – the President – is subject to the courts’ powers to interpret and apply the laws of Ghana without question.

“This principle, observed in all civilised societies around the world, has nothing to do with the theories of independence of certain institutions and their procedures. Thus, whatever procedures are utilised by any institution in this country for the conduct of its activity must comply with the Constitution and the laws of Ghana. A default of same will render such procedures liable to be declared by the courts as unconstitutional or illegal. It is as simple as that, and it is non-negotiable. We therefore have a duty to support the Judiciary in its work which is fundamental and crucial to the sustenance of Ghana’s democracy,” he said.

“Newly sworn-in executives, I have no doubt that the fine blend of experiences and rich profiles that you bring into your respective offices will equip you sufficiently to discharge the demands of your duties and to win the hearts of the Bar, the Bench and the Public. I have no doubt that you will prove equal to the task. I wish you a successful term. The privilege of service is yours. Do your best,” he said.