Godfred Dame goes on a tirade against lawyers denigrating judiciary at Bar conference

Attorney-General, Godfred Dame, did not spare an opportunity to take on lawyers he believes were running down the reputation of the judiciary with their unprofessional conduct when he rose on Monday, September 13, 2021, to address a conference of members of the Ghana Bar Association.

After blasting tax-evading lawyers who drive some of the most expensive vehicles, he then proceeded to what he calls unhealthy practices by some lawyers that impede justice delivery in the country.

“I observe a systematic and conscious effort by some lawyers to denigrate the judiciary and undermine public confidence in the sound administration of justice through deliberate misrepresentation of the effect of court rulings as well as false and vitriolic commentary on electronic and mass media purely inspired by a vile motive to run down the Judiciary,” he said.

Before his tirade against the so-called unprofessional lawyers at the Bar Conference in Bolgatanga, the Upper East Region capital, he confessed that the invitation given him to address members of the Bar on any topic of his choosing was a “blank cheque”.

He first took on lawyers who run their mouth on radio and social media, noting that even when applications that have been duly filled in accordance with law and procedure are pending before the highest court of the land, some legal practitioners do not spare an effort to prejudice the minds of the public with mischievous analysis on public radio, television and social media.

These analyses, according to him, are all calculated to force the hands of Bench to deliver the verdict in a particular manner, or to whip up sentiments of the public against the particular court hearing the matter in the event of an outcome not favourable to them.

“These practices are vicious and misguided, to say the least. It holds true that the arena for the lawyer to test the strength of his reasoning or the validity of his argument is in the courtroom, and not the airwaves or modern-day social media.

“I need not remind this gathering that the responsibility for a fair and effective administration of the laws of the Republic of Ghana is a product of the collective efforts of all. The nature of our laws enacted by Parliament, the procedure and judgment of our courts, the work of law enforcement officials, the wisdom, skill and zeal of the Bar are all crucial. Throughout the history of Ghana, the Judiciary has served us well in its capacity to develop fundamental principles and give life to the aspirations of the citizen. It is no time to destroy same beyond redemption, or to, may I borrow the words of Lord Toulson at this stage, ‘to give it a funeral oration’,” he said.

He singled out a recent case.

“I recall that recently, the State was castigated widely in the press for incurring a judgment debt in excess of $15 million as a result of the activities of the erstwhile Inter-Ministerial Committee on Illegal Mining about two years ago.  In July this year, I successfully led the prosecution of an application to set aside the said judgment. Some lawyers who are active players in the social media, perhaps feeling disappointed that a weapon deployed by them in their attack on the State’s measures to resuscitate the war against illegal mining – ‘Galamsey’ had been destroyed, mounted unwarranted attacks on me and the Judge who delivered the ruling, with some suggesting rather preposterously and absurdly, that the Judge in question should be removed from office. How ridiculous! It is as if they revel in judgments or rulings against the State, and when same are successfully challenged, it is disappointment galore for them. 

“May I take the opportunity to convey to the Bar of which I am its humble official leader, that, in so far as I am Attorney-General, the State will zealously protect its interest in litigation, just as private legal practitioners will protect the interests of their clients. A victory for the State, to the chagrin of a private person, is no justification for unwarranted attacks on public officers responsible for the State’s victory. It is imperative to state that the necessary efforts are being made to ensure that the industry of state attorneys is properly complemented with a supply of resources required to assist them in the discharge of their constitutional functions,” he said.

He then took on senior lawyers, some of whom he said have occupied the high office of Attorney-General who wantonly flout the professional conduct of the Bar with their comments on radio and social media.

“Mr Chairman, I cannot conclude this address without denouncing the tendency of lawyers, some being senior lawyers who have occupied high offices of state and have been leaders of the Bar, to deploy the traditional and social media to assail the integrity and reputation of senior figures in this country. Such conduct, undoubtedly dishonourable, also occasions a breach of rules of professional conduct and etiquette at the Bar.

“I would advise lawyers when using social media to be mindful of the age-old requirements of the profession in so far as ethics is concerned. Technology did not eradicate ethics. Neither did it render the need for ethical compliance any less important or necessary. Spread of false information by lawyers and disregard for the cherished values of the legal profession, apart from being disreputable, poses a far greater threat to cohesion in society, especially when it comes from senior lawyers. The misguided crave for cheap publicity and undue disparagement of others must be avoided. The nation ought to be concerned because, ultimately, a dishonest bar breeds a corrupt bench and affects the core of the society we seek to build,” he said.