Audio By Carbonatix
Lead counsel Samuel Atta Akyea has defended his decision to stay away from court during Ghana’s ongoing legal vacation, insisting that he would rather “die for democracy” than compromise what he considers established legal traditions.
The former Attorney-General said his position is not an attempt to abandon his client but a decision to uphold principles he believes are fundamental to the legal profession and constitutional democracy.
Speaking on JoyNews’ Top Story, Mr Atta Akyea rejected suggestions that his absence from court amounted to giving up on his client.
“I’m not giving up on my client, but I’m upholding principle. But if it means that my client doesn’t want me to uphold principle, then it’s up to him. But it’s not because of one brief that I’ll cancel tradition,” he said.
Mr Atta Akyea invoked the memory of J.B. Danquah, a member of Ghana’s Big Six who died in prison during the First Republic, to emphasise the importance he places on democratic principles.
“J.B. Danquah died in the prisons and not because it was his pleasure, but one-man rule was an aberration. I would prefer to die for democracy than to say that I want my comfort and therefore I’m going to join the CPP,” he said.
He rejected the suggestion that his decision was motivated by personal convenience, arguing that lawyers have a responsibility to defend principles that underpin the rule of law.
“We don’t practice convenience in terms of trying to hallow democracy,” he said.
Mr Atta Akyea said lawyers in his firm remained available but maintained that none of them would be used to circumvent what he considers the established practice governing legal vacation.
“All the lawyers in my law firm, they are here. And how can they say that I want to cancel values, principles, traditions, statute for the sake of one brief?” he asked.
“I don’t think that’s a very decent and civilised way of engagement. And I’m not going to lend support to that at all.”
When asked why another lawyer from his firm could not hold his brief, Mr Atta Akyea said the issue was not about his personal status as counsel.
“I’m not superior to any other lawyer, my dear friend. What is at stake is upholding principles,” he said.
His comments come amid an ongoing dispute between sections of the legal profession and the judiciary over the conduct of substantive criminal trials during the legal vacation.
The Ghana Bar Association has questioned the practice of requiring lawyers to appear for substantive proceedings during the vacation, while the judiciary and government have maintained that designated courts have the authority to sit and determine cases during the period.
Mr Atta Akyea said allowing lawyers to abandon established legal traditions for individual cases could set a dangerous precedent.
He warned that failure by lawyers to defend the rule of law and established legal principles could ultimately weaken the legal profession and Ghana’s democratic institutions.
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