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Opinions of Thursday, 23 May 2013

Columnist: Cristo, Kwadwo

Justice Kpegah Is Not the Problem!

Kweku Baako Jr, Justice Kpegah Is Not the Problem! Akufo-Addo, GLC,
GBA Are!!!!!!!!

There is a lot wrong with the on-going emotions-marred brouhaha over
whether Nana Akufo-Addo was duly called to the bar by the General
Legal Council July 8, 1975. Of course, this sensitive issue has gained
national currency as a result of former Supreme Court Justice Kpegah’s
explosive lawsuit which had been dismissed by a high court sitting in
Accra. However, what the High Court couldn’t do was to disable
discerning minds from dealing with the real issues behind the issue.
As usual instead of the country coming to terms with this case which
has assumed a life of its own, discussions are polarized along party
and tribal lines. What is even more astounding is the brazen hypocrisy
and outright dishonesty of leading social commentators like Kweku
Baako in objectively addressing this serious case.

THE KWEKU BAAKOS OF GHANA

So far the Kweku Baakos of Ghana have succeeded in insulting,
maligning and ridiculing Justice Kpegah. More pertinently, the Kweku
Baakos have become intolerant and cranky. They have variously
described him as “old”, “senile”, “fragile”, “ridiculous”, “retarded”
etc. Yesterday, Nana Addo’s chief media hack, Kweku Baako, is
reported to have said that Justice Kpegah is a “rampaging Rambo”.
Instead of raining insults on Justice Kpegah, why shouldn’t his
detractors spend a minute of their time telling us when Nana Addo did
his post call bar course at the Ghana School of Law. It is to the
credit of Justice Kpegah that in the face of all these fierce and
demeaning personal attacks, he has not wilted. He has kept faith with
his destiny and remains undaunted in his battle to unravel the truth
in this saga. As to whether Justice Kpegah is motivated by a higher
level of nationalism and patriotism or hatred is not for the Kweku
Baakos to prejudge. This is an on-going process and history will be
the judge.

THE GHANA BAR ASSOCIATION

In any event, vital institutions have become so corrupted by
tribalism, our political party system and cronyism that simple
national issues have become so complicated to the point that the
“leading lights” of our society have become the laughing stock of the
world. For example, ordinary folks who do not understand why such a
simple issue involving one of our very prominent citizens should find
its way to the High Court before it is resolved when we have the
General Legal Council. As for the Ghana Bar Association, the least
said about it the better. It is the most bankrupt association in the
country. It would be a flagrant abuse of process to even think that
the Ghana Bar Association can make any meaningful contribution towards
burnishing the efficacy of our laws. Our lawyers must bow their heads
down in shame for living under the tattered umbrella of that
do-nothing association. The pronouncements of leading members of that
association betray the association’s biases and prejudices. In short,
the Ghana Bar Association lacks the integrity and credibility to help
resolve this sensitive national matter.

THE GENERAL LEGAL COUNCIL

One institution whose reputation has suffered tremendously is the
General Legal Council. For starters, this is the national body that is
charged with regulating law practice in this country. Pertinently, it
is chaired by the Chief Justice. One expects very high standards from
this vital state institution in resolving such a sensitive and
delicate national matter but unfortunately it is nowhere to be found.
Discerning minds do not understand why the General Legal Council had
not conducted its own internal investigation since about 2007 when
another prominent citizen of our land,Nana Konadu Agyeman Rawlings,
gave prominence to this same issue, namely, whether Nana Akufo-Addo
was duly enrolled to practise law in Ghana. In fact, as at the time
of writing this piece, the General Legal Council has not come out with
any statement regarding this serious national matter. If anything,
documents emanating from it have fueled more controversy.

NANA AKUFO-ADDO’S MISSING CERTIFICATES.

For the record, instead of showcasing to the public the ENROLMENT AND
QUALIFYING CERTIFICATES of Nana Akufo-Addo, his lawyers made available
to the public a note dated October 16, 2007 by one Mr. Bart-Plange, an
administrative secretary of the General Legal Council. The only
tangible reason why a note, instead of Nana Akufo-Addo’s certificates
was exhibited in court is that Nana Akufo-Addo’s certificates were
missing. What is curious is; why should the General Legal Council
issued a note instead of authenticated copies of Nana Akufo-Addo’s
enrolment and qualifying certificates? This is curious because the
General Legal Council, as the issuing authority, could easily have
issued authenticated copies of Nana Akufo-Addo’s certificates.

To rectify this worrisome situation, Nana Akufo-Addo’s lawyers next
filed an extract from the Roll of Lawyers in the record books of the
General Legal Council. Strangely, copies of Nana Akufo-Addo’s
qualifying and enrollment certificates were conspicuously not attached
to this extract from the General Legal Council.

The questions that still persist are:

1. WHY DIDN’T THE GENERAL LEGAL COUNCIL ATTACH COPIES OF NANA ADDO’S
CERTIFICATES TO THE EXTRACT FROM ITS RECORDS?

2. IF THEY DON’T HAVE THE CERTIFICATES IN THEIR RECORDS, WHY DIDN’T
THEY ATTACH A NOTE EXPLAINING WHY AS THE ISSUING AUTHORITY THEY DON’T
HAVE NANA ADDO’S CERTIFICATE ON RECORD?

AND

3. IN ADDITION, WHY HASN’T THE GENERAL LEGAL COUNCIL TOLD THE NATION
WHEN NANA AKUFO-ADDO UNDERTOOK HIS POST CALL BAR COURSE?


As a vital public institution established under the laws of this
country to regulate legal practice, the General Legal Council owes it
as a duty to the good people of Ghana and the constitution to help
resolve this urgent national matter. That is well within its powers.
Investigating this matter should be a foregone. conclusion based on
all the serious and credible issues raised on record. Under no
circumstance should it be perceived that the General Legal Council is
doing the bidding of an individual or group of individuals. It is now
up to the General Legal Council to clean up this mess because its
integrity is on the line


THE JUDICIAL SECRETARY AND THE MISSING CERTIFICATES

What is even more curious is the fact that Nana Akuffo-Addo or his
lawyers could have walked to the office of the Judicial Secretary and
collected copies of the authenticated copies of the certificates he
filed with that august office when he was called to the bar in July
1975.

The question here is: What is stopping Nana Akufo-Addo and/or his
legal team from collecting copies Nana Addo’s certificate he filed
with the Judicial Secretary? We are just thinking aloud

NO CLASSMATES AND LECTURERS?
It is now obvious that Nana Akufo-Addo does not have former classmates
and/or lecturers. The closest his supporters have come close to
addressing this important issue is Gabby Otchere Darko’s assertion on
News File that Nana Addo was called to the bar the same day as Supreme
Court Justice William Atuguba. We have come to know that Nana Ato
Dadzie and Mr. Tsatsu Tsikata were also called on the same day.
However, this revelation does not address whether Nana Addo sat in the
same classroom with these renowned lawyers. Again, Nana Addo’s
supporters’ attempt at disseminating a group picture of some lawyers
as evidence that he has former classmates was rightly shot down as
deceptive.
As I write this piece, no lawyer has come out to confirm that he sat
in the same classroom with Nana Addo. At the extreme end of this
discussion, we do not want to believe that all his lecturers are dead.

NANA AKUFO-ADDO GOT A WAIVER UNDER THE LAW?

If Nana Addo cannot produce
1. His enrollment and qualifying certificates

And

2. His classmates and/or lecturers,
then the only way he could have called to the bar was by way of a
waiver by the General Legal Council. If Akuffo-Addo was granted that
special waiver under the law, the nation must know. All that the
General Legal Council has to do is to muster the intestinal fortitude
and tell us under what special circumstance or circumstances Nana
Akufo-Addo was granted that special dispensation under the law.

CHIEF JUSTICE HAS NO SUCH POWERS.

By the way, I find it offensive and embarrassing that some prominent
members of the bar including Mr. Ayikoi Otoo – a former Attorney
General - misinforming the public that the Chief Justice has the
power to call “special” people to the bar. They continue to make such
bold but uninformed statement without reference to the law. This is
scandalous in the face of Act 32 that clad the General Legal Council,
and not the Chief Justice, with such awesome power.

CONCLUSION – ILLOGICAL AND UNWISE CONDUCT BY THE GENERAL LEGAL COUNCIL

As a vital public institution established under the laws of this
country to regulate legal practice, the General Legal Council owes it
as a duty to the good people of Ghana and the constitution to help
resolve this urgent national matter. That is well within its powers.
It is flat-out unacceptable that the General Legal Council has been
caught PRETENDING to be sleeping on the wheels. Investigating this
matter should be a foregone conclusion based on all the serious and
credible issues raised on record. Under no circumstance should it be
perceived that the General Legal Council is doing the bidding of an
individual or group of individuals. It is now up to the General Legal
Council to clean up this mess because its integrity is on the line. It
must wake up to protect the integrity of the legal profession and to a
larger extent the judiciary.

Let the right thing be done.

KWADWO CRISTO