Dr. Justice Srem Sai, a law lecturer at the Ghana Institute of Management and Public Administration (GIMPA), has shed light on whether the General Legal Council (GLC) has the authority to discipline or exercise jurisdiction over the Attorney-General, clarifying the extent of the GLC’s powers in this regard.
Dr. Srem Sai emphasized that as a lawyer, the Attorney-General is liable to the same professional obligations and responsibilities as any other lawyer, and this fundamental principle of law would still apply even if the General Legal Council (GLC) did not exist, as it is a basic tenet of legal practice.
“In other words, saying that the Attorney-General is bound by the rules, ethical standards and liabilities of a lawyer does not mean that the GLC is the proper authority to enforce such rules in respect of the AG”.
Dr. Justice Srem Sai
Furthermore, Dr. Srem Sai pointed out that, on the other hand, strong arguments suggest that the General Legal Council (GLC) may not be the appropriate body to discipline the Attorney-General, implying that there may be limitations to the GLC’s jurisdiction in this case.
As such, Dr. Srem Sai explained that since the Attorney-General is a constitutional appointment, while an Act of Parliament establishes the General Legal Council (GLC), it follows that constitutional entities, unless explicitly permitted by the Constitution, are generally not subject to control by statutory bodies like the GLC.
Moreover, Dr. Srem Sai pointed out that the General Legal Council (GLC) serves as the licensing authority for legal practice, and its primary disciplinary mechanism is the issuance and revocation of law practice licenses, which allows them to regulate and enforce professional standards among lawyers.
Accordingly, he observed that pursuant to Article 88(6), the Attorney-General is exempt from requiring a license to practice law in the courts.
As such, Dr. Srem Sai indicated that the General Legal Council (GLC) lacks the authority to take disciplinary action against the Attorney-General in this regard, as its primary disciplinary tool – the law practice license – is not applicable in this case.
GLC’s Regulatory Scope Clarified
Furthermore, Dr. Justice Srem Sai clarified that the GLC has regulatory oversight over individuals who engage in the practice of law, specifically those who represent clients in court for a fee, whereas the Attorney-General’s role is distinct and not subject to the same regulatory framework.
Consequently, he pointed out that although the Attorney-General serves as the State’s legal representative, he does not engage in the practice of law for personal gain or remuneration, distinguishing his role from that of private lawyers who represent clients for a fee.
“There’s, however, another dimension to the issue: the GLC determines not only who becomes a lawyer, but also, who remains one. This leads to the question – does a person need to be called to the bar to become the Attorney-General?”
Dr. Justice Srem Sai
More so, Dr. Srem Sai emphasized that acknowledging the GLC’s limitations in disciplining the Attorney-General does not imply a complete absence of accountability, as there may be other authorities or mechanisms in place to ensure the Attorney-General’s conduct is subject to oversight and regulation.
As such, he underscored the need for clarity on the distinct roles and responsibilities of various State institutions within the governance framework, to ensure a proper understanding of their individual and collective accountability mechanisms.
Meanwhile, the NDC has released an audio recording of a conversation between Attorney General Godfred Dame and Richard Jakpa, the third accused person in the controversial ambulance purchase trial.
This intensified the call for the Attorney General to resign as Bobby Banson, the lead consultant for the Robert Smith Law Group, advised Godfred Dame to resign in response to the raging controversy.
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