Presidential Staffer, Rosemond Obeng, has backed calls by South Dayi MP, Rockson-Nelson Dafeamekpor, and two others who have filed a lawsuit seeking to end the Ghana Bar Association’s (GBA) perceived monopoly over lawyers.
The petitioners want the apex court to clarify whether the Constitution’s mention of the GBA in fulfilling certain critical roles refers specifically to this single private association.
On TV3’s BigIssue segment on the NewDay morning show Thursday, September 25, 2025, Madam Obeng commented that the GBA has become politicised, serving the interests of certain individuals rather than the nation.
According to her, the Association only speaks up when a certain regime is in power and remains silent when another assumes office, validating calls for other associations to emerge.
Responding to the Association’s recent comments on the illegal mining menace, she lamented that the GBA’s leadership remained quiet when the previous administration issued licenses indiscriminately to party cronies for mining but has now regained its voice under the current government.
“When the then government issued licences as if they were issuing groundnuts, candies to party cohorts who lack experience in basic mining, did you hear the GBA talking? With all these, why won’t somebody petition the Supreme Court?” she quizzed.
She defended the plaintiffs’ cause, emphasising the need for diversity and fairness as enshrined in the 1992 Constitution. Madam Obeng further explained that the laws of the land grant everyone the freedom to belong to an association, adding that the GBA, as it stands, has lost its moral value, which is why other lawyers may choose not to join but instead form other associations.
“What are they seeking to achieve? They are just saying we should embrace diversity, fairness and equality which can be found in Article 17. They are also saying that we should have freedom of association.”
“Mind you, not every lawyer is a member of GBA so if we are restricted that there is only one professional body, some lawyers also think that the GBA has lost its moral values and that’s why they won’t join the Association. So if that’s the case, we should open up, allow other people to come in. Perhaps they would serve the interest of these lawyers who are yet to identify,” she added.
Background
Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, a legal practitioner, Israel Tetteh, and the Ghana Law Society, have filed a constitutional lawsuit at the Supreme Cour challenging the exclusive constitutional powers granted to the Ghana Bar Association (GBA).
The suit, which names the Attorney-General and the GBA as defendants, seeks to fundamentally reinterpret the status of the Bar Association in Ghana’s governance structure.
The plaintiffs are asking the Supreme Court to declare that the numerous references to the “Ghana Bar Association” in the 1992 Constitution do not refer exclusively to the current private voluntary association known as the GBA.
Instead, they argue, the term should be construed as a generic or umbrella designation for all associations of lawyers in Ghana.
The writ cites specific articles of the Constitution where the GBA is mentioned, including roles in the appointment of judges to the Supreme Court (Article 153(f)), the Court of Appeal (Article 157(1)(c)), and members of the Judicial Council (Article 201(e)).
The core of the plaintiffs’ argument is that granting a single private association a monopoly over these significant constitutional functions violates the fundamental rights of other lawyers.
They contend that this exclusivity breaches Article 17, which guarantees equality and freedom from discrimination, and Article 21(1)(e), which protects the freedom of association.
“Any settlement of constitutional powers, rights, roles or privileges on the current ‘Ghana Bar Association’… forecloses rival associations of lawyers from equal recognition and participation in the public constitutional space,” the writ states.
The plaintiffs are seeking several declarations from the court, including an order to restrain the GBA from holding itself out as the exclusive entity referred to in the constitution.
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