The Attorney-General and Minister for Justice, Godfred Yeboah Dame, has called for global leaders, especially legal regulators, to reevaluate the rules governing cross-border legal practices.

He stated that, given the interconnectedness of today’s world, it is crucial to revisit regulations that restrict lawyers from practising internationally.

Mr. Dame delivered this message in his keynote address at the African Regional Forum, part of the International Bar Association’s annual conference, held in Mexico City on Thursday, September 19.

He noted that the practice of law has become increasingly global due to the nature of modern disputes, many of which have cross-border dimensions. “

African lawyers need to be world-class,” he remarked, adding that they must operate as part of a global community.

He proposed a revision of licensing systems, which currently prevent lawyers from practising in jurisdictions other than those in which they were trained.

The AG acknowledged the diversity in legal systems and training standards across countries but pointed to the example of international courts and tribunals, where lawyers from various jurisdictions are permitted to represent nations without needing specific licenses.

He urged a similar approach for national courts to allow state counsel from other countries to appear in domestic legal disputes, particularly those involving their governments.

Addressing the African Continental Free Trade Area (AfCFTA), Mr Godfred Dame highlighted the importance of this initiative for the legal profession, describing it as a platform that will deepen cross-border legal interactions.

He stated that the AfCFTA, which aims to connect 1.3 billion people and create a $3.4 trillion economic bloc, has established a dispute settlement mechanism.

This system is designed to address trade disputes between state parties, which could raise concerns about conflicts with national judicial systems and questions of sovereignty. However, he believes that with the right political support and legal collaboration, AfCFTA’s rulings can enhance the legal frameworks across Africa and bring legal security, certainty, and transparency.

The Attorney-General also touched on the growing role of international arbitration in Africa, expressing concerns about its potential for abuse.

Citing a recent $11 billion arbitration claim against Nigeria, Mr Godfred Dame argued that Africa often faces prejudice in international arbitration, with some awards disproportionately favouring claimants.

He highlighted the need for Africa to establish its own respected arbitration hubs and reform its legal regulatory processes to better protect national interests.

The AG concluded by sharing Ghana’s efforts to address these issues.

He noted that Ghana is moving to amend its State (Property and Contracts) Act of 1960 to ensure that all contracts involving the state stipulate Ghanaian law as the governing law and Accra as the seat of arbitration.

This would prevent the costly practice of conducting arbitrations abroad and bring such matters under Ghana’s jurisdiction, strengthening the country’s legal and economic sovereignty.