The Attorney-General and Minister of Justice, Godfred Yeboah Dame has asked the General Legal Council to call to order, lawyers who criticise the judiciary unfairly.
He said such criticism endanger the country’s democratic efforts.
“The General Legal Council will be right in acting against lawyers who deliberately denigrate the Judiciary and thereby, endanger Ghana’s democracy with a firm fist,” he stated.
Mr Dame said this in an address delivered at the swearing in ceremony of the new executive of the Ghana Bar Association (GBA) in Accra on November 4.
Mr Dame noted, “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.”
According to him, ” In this country, no institution or individual has sovereignty. In accordance with article 1 of the Constitution, sovereignty resides in the people of Ghana and the Constitution is the supreme law of Ghana. That 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.”
The Attorney-General further noted that, “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.”
He therefore called for support for the Judiciary ” in its work which is fundamental and crucial to the sustenance of Ghana’s democracy.”
Mr Dame used the opportunity to wish the new GBA executive well during their tenure.
” 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 urged.
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