The Speaker of Parliament Alban Bagbin has urged the Ghana Law Society and the Ghana Bar Association to resist institutional rivalry and work together, warning that divisions between professional bodies could weaken Ghana’s legal profession.
Speaking at the maiden Annual Bar Conference of the Ghana Law Society, Bagbin said the existence of more than one professional body should encourage diversity of ideas without creating competing camps within the profession.
“Professional pluralism must never deteriorate into institutional rivalry,” he said on September 30.
“Ghana does not need a legal profession divided against itself. Ghana needs lawyers united around the constitution, justice, professional excellence, and the national interest.”
Bagbin made a direct appeal to the leadership and membership of both organisations to cooperate, stressing that neither association is bigger than the wider legal profession.
“Please work together,” he said.
“The profession is greater than both the Ghana Bar Association and the Ghana Law Society.”
The Speaker proposed structured cooperation between the two bodies in law reform, continuing professional education, legal ethics, legal aid, research, technology, justice delivery, judicial independence, mentorship and access to justice.
“The administration of justice belongs to neither the Ghana Law Society nor the Ghana Bar Association. The rule of law belongs to neither. The constitution belongs to neither. They belong to Ghana,” he said.
Bagbin cautions against rushed legislation
Turning to Parliament’s lawmaking role, Bagbin also cautioned against rushing legislation through the House without adequate consultation.
He said lawmakers must engage relevant stakeholders and experts before legislation is passed if Parliament is to produce laws capable of standing the test of time.
“We have to work with all the stakeholders and partners to make sure that the laws we pass are really quality laws that can stand the test of time,” he said.
Bagbin argued that law reform should be preventive as well as corrective, allowing expertise to be brought into the legislative process early enough to anticipate possible unintended consequences.
He said Parliament does not weaken its authority by consulting widely before legislating.
“Parliament does not diminish its authority by listening; Parliament rather strengthens its authority by listening well before it legislates,” he said.
"Some of you lawyers are unguided missiles," he asserted.
The Speaker also used the conference to challenge lawyers over professional ethics, arguing that academic qualifications and legal competence are insufficient without character.
“Competence without character is dangerous,” Bagbin said.
He argued that professional skill without integrity, empathy and moral restraint could become destructive.
Bagbin said lawyers exercise considerable power because they understand institutions and legal processes that many citizens find intimidating.
He therefore cautioned practitioners against manipulating people’s ignorance, misleading courts or using professional privilege to frustrate justice.
“The first qualification of a lawyer must be character,” he said.
“Ethics cannot live alone in regulations. Ethics must live in lawyers.”
Be prepared to disagree with us powerfully
Bagbin further urged lawyers, particularly younger practitioners and law students, not to shy away from challenging people in positions of authority.
He said professional independence should allow lawyers to speak truth to power even where doing so means disagreeing with senior public officials.
“Whether it's the Speaker, whether it's the IGP, whether it's CDS, whether it's the President… none of us is perfect,” he said.
“Be prepared to disagree with us and disagree with us powerfully.”
He, however, urged lawyers to do so in “decent, decorous, acceptable language,” rather than resorting to hate speech.
Bagbin said loyalty to Ghana could sometimes require lawyers to disagree with powerful people rather than follow the crowd.
An algorithm cannot become a substitute for justice
The Speaker also turned his attention to artificial intelligence and emerging technologies, warning that innovation in the legal sector must remain subject to human control and accountability.
He said technology could help reduce delays, improve case management and widen access to legal information, but must not compromise fairness.
“An algorithm cannot become a substitute for justice,” Bagbin said.
“Efficiency cannot replace fairness, and innovation must never be allowed to outrun accountability.”
He challenged the legal profession to become a leading centre of thinking on the relationship between technology, rights and regulation as artificial intelligence, digital finance, cybercrime and automated decision-making increasingly raise new legal questions.
Bagbin concluded that the Ghana Law Society and Ghana Bar Association may operate under different institutional banners, but ultimately serve the same Constitution, courts, profession and people.
“Ghana needs your collective strength more than it needs your institutional differences,” he said.
“Let justice, therefore, be our common cause.”
Source: TV3
