Ghana Bar Association Raises Concerns Over Judicial Conduct, Public Confidence

Ada: Mrs Efua Ghartey, President of the Ghana Bar Association (GBA), has called for greater adherence to constitutional principles and professional standards to protect public confidence in Ghana's justice system. She said recent comments by the Chief Justice on the performance of a public institution and comparisons with the output of a previous government had raised concerns within the legal profession.

According to Ghana News Agency, Mrs Ghartey made the remarks at the opening of the 2026/2027 GBA Annual Conference at Ada on Monday. The conference is being held on the theme: '150 Years of Legal Evolution: Transforming the Profession and Driving its Future with Industry.' Mrs Ghartey stated that the GBA remains committed to protecting the independence of the Judiciary in accordance with Article 128(4) of the 1992 Constitution, but stressed that all actors must operate within the bounds of their constitutional mandates.

She highlighted one of the resolutions from the GBA mid-year conference, which addressed excessive bail conditions imposed by investigative and prosecutorial authorities. Mrs Ghartey emphasized the need for these conditions to align with Article 14 of the 1992 Constitution and to be reasonable, proportionate, and consistent with the presumption of innocence.

Mrs Ghartey proposed the consideration of a Human Rights Committee to monitor compliance with Article 14 and other human rights provisions of the Constitution. Such a committee, she suggested, could provide legal aid to citizens, including social commentators and TikTokers, who face arrest under circumstances raising human rights concerns.

In discussing the work of the Constitutional Review Committee, Mrs Ghartey advocated for a more consultative approach and suggested the establishment of a Constituent Assembly, as had been done previously. She noted the Bar's keen interest in these suggestions.

The GBA had conducted a survey to assess the efficacy of afternoon court sittings, with results and further sampling to be undertaken during the conference sessions. Mrs Ghartey reiterated the GBA's call for the activation of the Court Alert Application, which provides lawyers with instant information on courts that may not be sitting, thus preventing unnecessary journeys to court.

Mrs Ghartey also welcomed the establishment of the Alternative Dispute Resolution Council in September, stating it would transform the ADR landscape in Ghana and boost investor confidence in doing business in the country. On the Public Tribunal Act, she noted that the legislation had attracted significant attention, and the Bar was researching the matter to examine its provisions against constitutional standards, including the independence and necessity of tribunals.

Addressing illegal mining, known as galamsey, the GBA President urged the Government to remain committed to combating the issue, highlighting the troubling involvement of individuals associated with political parties. She called on the Government to act on its campaign commitments to end galamsey.

Mrs Ghartey concluded by announcing that the Association had rolled out an enhanced welfare package for its members.