Audio By Carbonatix
The Majority Chief Whip and President of the Ghana Law Society, Rockson-Nelson Dafeamekpor, has criticised the Ghana Bar Association (GBA) for responding to concerns raised by law firms over the availability of lawyers during proceedings on the petition against the Chief Justice.
According to him, the Association has no basis to respond to the petitions because they were issued by law firms rather than individual lawyers who are members of the association.
“GBA has no business responding to statements from non-members of the GBA,” Mr Dafeamekpor said on Newsnite on Joy FM.
He explained that lawyers and law firms are separately licensed, with lawyers licensed by the General Legal Council (GLC) to practise while law firms are also separately licensed.
“The petition in question is not coming from lawyers. It's coming from law firms. Check the petitions. It's not the lawyers who are complaining. It's the law firms,” he said on August 11.
Mr Dafeamekpor questioned whether the GBA should be responding to concerns from entities that are not members of the association.
“Are law firms that are complaining that their lawyers are not available, are they members of the GBA?” he asked.
He maintained that if individual lawyers had concerns about their ability to practise during the proceedings, they should have petitioned the Chief Justice in their capacity as lawyers rather than through their firms.
“So if you want to petition the CJ, petition on your terms as a lawyer. Don't petition on your letterhead as a firm. Then it is the firm that is sending the petition,” he said.
Mr Dafeamekpor further challenged the substantive basis of the complaints, arguing that law firms with several lawyers on their rolls should have been able to make alternative arrangements to ensure that cases before the courts were handled.
He cited the firms of Sam Okudzeto and lawyer Akyea as examples, saying they have more than 20 and 15 lawyers respectively listed as members of their firms.
“How is it possible that none of these lawyers are able to work during the petition?” he questioned.
Drawing on his own experience with legal proceedings, Mr Dafeamekpor said senior lawyers could delegate matters to senior associates or other lawyers within their firms when they were required elsewhere.
“I have also participated extensively before, and during the petition, seniors can ask even senior associates on the firm to hold their brief in a matter that may have been listed to be continued during the petition,” he said.
He consequently dismissed suggestions that the lawyers’ participation in the proceedings had created an unusual situation for the affected law firms.
“My suspicion here is that there's nothing untoward in this matter. And so the GBA is just blowing hot air,” Mr Dafeamekpor said.
He further described the GBA’s position "pure politics."
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