By Benjamin Nii Nai Anyetei
The Supreme Court is being asked to settle a question that could reshape the legal profession in Ghana: is the Ghana Bar Association (GBA) the only official body of lawyers recognised by the Constitution, or just one of many associations entitled to exist side by side?
South Dayi MP Rockson-Nelson Dafeamekpor, lawyer Israel Tetteh, and the Ghana Law Society have filed a writ challenging the long-held assumption that the GBA is the sole embodiment of the Bar in the country.
They are suing the Attorney-General and the Ghana Bar Association itself.
In their statement, the plaintiffs argue that the GBA, as it stands today, is not a statutory body but a private voluntary association registered under private law like any other club or society. They insist that the Constitution’s reference to the “Ghana Bar Association” does not give the current body exclusive control over the legal profession.
“The Ghana Bar Association is not the exclusive embodiment of the Bar in Ghana,” the writ states, describing the group’s long-standing posture as “misleading, deceptive, a wrongful appropriation, and a misrepresentation of the true intention of the framers of the Constitution.”
The suit also highlights how the Constitution assigns roles to the GBA, such as nominating members to the Judicial Council and other statutory bodies. These roles are captured in Articles 153, 157, 201, 204, 166, 209, 259, 261, and 206. The plaintiffs argue that these references cannot be taken to mean only one association has the right to represent lawyers in Ghana.
According to them, “any contrary interpretation denies rival associations the right to equal recognition under Article 17 on equality and Article 21 on freedom of association.”
The reliefs being sought are sweeping. The plaintiffs are asking for a declaration that the constitutional references to the Ghana Bar Association are descriptive rather than exclusive. They want the Court to rule that giving exclusive privileges to the current body is unconstitutional because it prevents other lawyer associations from participating in national decision-making.
They also want an order restraining the GBA from presenting itself as the sole bar, saying its current posture amounts to the “wrongful appropriation of a constitutional identity.”
Dafeamekpor and his co-plaintiffs further argue that the suit is being pursued in both their personal capacity and the public interest. They claim the action is necessary “to vindicate the supremacy of the Constitution and ensure that the rule of law is not undermined by the conduct of a private association.”
The Attorney-General and the Ghana Bar Association are expected to file their responses in the coming weeks. Until then, the legal profession and the wider public wait to see whether the Court will uphold the GBA’s decades-old dominance or open the door for rival associations to claim equal constitutional footing.
If the Court rules against the GBA, it could upend long-established practices in judicial appointments and representation on state bodies. If it rules in favour, it would reinforce the association’s claim as the one true voice of the profession.
