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Opinions of Saturday, 23 September 2006

Columnist: Amaning, Kwarteng

The Legal profession and the monopoly of GBA

THE LEGAL PROFESSION AND THE MONOPOLY OF GHANA BAR ASSOCIATION IN GHANA

OR THE MONOPOLY OF GHANA BAR ASSOCIATION OR THE LEGAL PROFESSION IN THE COUNTRY

The 1992 4th Republic Constitution Of Ghana gurantees the fundamental Human Rights and Freedom of all peoples in chapter five of the constitution Article 21 clause 1 states that all person shall have the right to –

( a ) freedom of speech and expression, which shall include freedom of the press and other media.

( b ) freedom of thought conscience and belief, which shall include academic freedom.

( c ) freedom of assembly including freedom to take part in procession and demonstration

( d ) freedom of practice any religion and to manifest such practice

( e ) freedom of association, which shall include freedom to form or join trade unions or other national and international for the protection of their interest.

In view of the above quoted constitutional provisions as enshrined in the highest law of the land, one can not understand why Ghana Bar Association like any other associations in the country is allowed to manipulate the legal profession to the extend that whatever degree and wherever you obtained your law degree, one has to join the Ghana Bar Association before you are allowed to put your hand accuired legal knowledge into practice.

Rev. Kwarteng Amening argues that the Ghana Law School was established in 1958 by the first President of Ghana which was formally called “ Makola “ law school and before 1958 some Ghanaians have been trained over seas as lawyers and magistrates, was formed. Today such legal scholars are not being recognize lawyers because they have not gone to “ maloka “ law school which has become the only standard one can join the Ghana Bar Association. Today qualified law degree holders in Ghana who have not join the G.B.A are not considered as lawyers in Ghana. WHY? Since when did it become a crime for a law scholar not to become a member of the Ghana Bar Association? Are the courts in Ghana owned by the Ghana Bar Association or by the Republic of Ghana? However, jam not a member of the Ghana Bar Association but I challenged them to come out to explain to the general public why the monopoly the Association enjoyed our law scholars in the country and the G.B.A understanding of article 21 clause ( e ) of the 1992 ( 4th ) fourth Republic constitution. The statement said, there is no legal basics for any organization to impose itself on any citizen as long as the fundamental human rights and freedom is still enshrined in the 1992 Republican constitution. Rev. Kwarteng Amaning, appealed to the Government through the ministry of Justice and Attorney General, ministry of presidential Affairs, and Ministry of Information and National Orientation to boldly come out with government position in this matter because some of us can not continue to allow the G.B.A to sit and monopolize our academic freedom.

Yours faithfully,

SIGN ………………………… REV. KWARTENG AMANING



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