The Ghana Bar Association (GBA) is facing sharp criticism over its recent call for a Constitutional Instrument (CI) to regulate the determination of prima facie cases under Article 146 of the 1992 Constitution.
Edudzi Kudzo Tameklo, the Director of Legal Affairs for the ruling National Democratic Congress (NDC), has accused the association of selective advocacy and political grandstanding, warning that such actions threaten the credibility of one of Ghana’s most respected professional bodies.
Speaking on the issue, Tameklo described Ghana as “such an interesting country”, expressing surprise at the recent remarks made by the President of the GBA, Mrs. Efua Ghartey, during the opening ceremony of the association’s annual conference in Wa.
According to him, Mrs. Ghartey’s position mirrors the same arguments advanced by those who defended recently removed Chief Justice Gertrude Torkonoo during her impeachment process.
Tameklo pointed out that these defenders claimed the entire impeachment process was “a nullity” due to the absence of a CI to guide the prima facie determination process.
“In fact, in one of the cases before the Supreme Court relative to this impeachment proceeding, one of the reliefs had to do with an invitation to the Supreme Court to halt the impeachment proceedings because of the lack of CI.
“The GBA appears to have joined the chorus. Sometimes, at the risk of sounding disrespectful, we appear not to have principles in our national discourse. It is all about political convenience.”
Edudzi Kudzo Tameklo
He further argued that the GBA’s sudden position seemed to be driven by political motives, highlighting what he described as a pattern of inconsistency in the association’s handling of constitutional issues.
Tameklo warned that this approach could gradually diminish the GBA’s influence and credibility on the national stage.
He expressed concern that the association appeared to be using its platform for political grandstanding rather than promoting the national interest.
As an active member of the GBA, he voiced deep worry about the direction in which the association is heading.
Charlotte Osei’s Removal Case Revisited
Edudzi Tameklo recalled a similar constitutional situation in 2018 involving the removal of the then-Chairperson of the Electoral Commission (EC), Charlotte Osei.
He argued that the GBA’s silence at the time exposed its selective advocacy on constitutional issues.
He explained that former President Nana Addo Dankwa Akufo-Addo received petitions calling for Osei’s removal.
The former President subsequently referred the petitions to then-Chief Justice Sophia Akufo, who, in accordance with Article 146, made a prima facie determination and set up a committee chaired by Justice Anthony Bening to investigate the matter.
“The Committee, in a 3-2 decision, recommended the removal of Mrs. Charlotte Osei from office for stated misbehavior,” Tameklo recounted.
The majority ruling was delivered by the late Justice Samuel Marfo Sau, Justice Agnes Dordzie, and Justice Ambrampah, while Justice Bening, the chair, dissented.
Following Osei’s removal, journalist Kweku Baako petitioned the Supreme Court, seeking interpretation and enforcement of constitutional provisions.
His challenge centered on the absence of a CI to regulate the prima facie determination process.
However, during the February 5, 2019, hearing, then-Deputy Attorney General Godfred Yeboah Dame argued that the case was not suitable for the Supreme Court’s original jurisdiction. The Court upheld Dame’s argument and dismissed the suit.
Tameklo stressed that at the time, the GBA did not raise any concerns about the lack of a CI, even though the matter was of national importance.
“Today, the GBA President, mindful of the events above, has found her voice and is now advocating for a CI. When the Supreme Court in 2019 dismissed the Kweku Baako suit, the Ghana Bar Association went quiet. There was no noise about the lack of CI to regulate Article 146 proceedings.”
Edudzi Kudzo Tameklo
Call For GBA To Rebuild Credibility
Accordingly, Tameklo contended that the GBA’s selectivity in addressing constitutional matters is harming its reputation.
He believes the association is losing its standing as a neutral and authoritative voice in Ghana’s governance system.
“The selectivity in the approach of the GBA is making the Bar Association lose a very important and critical voice in the forward march of the country.”
Edudzi Kudzo Tameklo
He urged the GBA to engage in deep introspection and refocus on its core mandate of promoting justice and upholding the rule of law, rather than allowing itself to be swayed by political interests. “The GBA needs serious introspection and to see how it can remain relevant going forward,” Tameklo concluded.
As debates over Article 146 continue, many observers are watching closely to see whether the GBA will take steps to restore public confidence in its leadership and reaffirm its role as a guardian of Ghana’s constitutional democracy.
