Lawyers take GBA to court

Accra, Nov. 14, GNA - Three lawyers have restrained the Ghana Bar Association (GBA) from going to the polls on November 15 or any other date to elect a national president. This followed interlocutory injunction filed by Nana Ato Dadzie, Mr Chris Arcmann-Ackummey and Mr James Abiaduka, who are also members of the Association.

The writ filed on November 11 is against the GBA and the GBA National Secretariat. The GBA had scheduled Saturday, November 15 to elect a national president in Kumasi to succeed Nii Osah Mills.

In an affidavit in support of their action, Mr. Arcmann-Ackumey said they were seeking a declaration that the demand by and request of the National Executive Committee of the GBA on its national President Nii Osah Mills to resign his position was illegal and contrary to law since it was founded on a misconception of the law. They are also seeking a declaration that the purported endorsement by the GBA of the said decision of its national executive committee was "illegal and contrary to law".

The lawyers want the court to declare that the nomination of Nii Osah Mills as the sole candidate for the position of national president for 2009, "not having been formally withdrawn, revoked or struck down on any legitimate ground, constitutes him as the sole and valid nominee for the position for 2009".

They want a declaration that the purported nullification of Nii Osah Mills' nomination for the office was illegal and the call for fresh nominations after the close of nomination was also illegal and contrary to the constitution, rules and regulations of the GBA. The affidavit said the lawyers wanted a declaration that the media comments made by Nii Osah Mills were lawful comments made in his legitimate position as national president of the GBA and that the position of the association with respect to the legality or otherwise of the comments in the Tsatsu Tsakata case was an infringement on the constitutional rights of the individual and the media. The lawyers said Nii Osah Mills was "compelled and coerced by reason of the intense and unreasonable pressure mounted on him by certain members of the national executive committee to announce his intention to resign from office".

They said they believed that in the face of the said "verbal harassment, threats and duress, the national president Nii Osah Mills, out of frustration and irritation, uttered words to the effect that he had resigned or threatened to resign from his position as national president of the GBA".

The lawyers said the national executive committee did not have the power or authority to demand or compel the duly elected national president to resign or vacate his post as national president. The General Council of the Ghana Bar Association (GBA) late September stated that it demanded the resignation of Nii Osah Mills as President of the association for causing embarrassment to the legal profession. It said it is of the view that a statement allegedly made by Mr Osah Mills on an Accra radio station concerning Tsatsu Tsikata's case has brought the Bar and the administration of justice into disrepute and further caused embarrassment to the legal profession.

In a statement signed by Mr Peter R. Zwennes, General Secretary and issued at the annual general meeting of the association in Kumasi, the Council said it deliberated upon and discussed the purported pronouncement at a pre-conference meeting with Mr Osah Mills who admitted having granted the interview to the radio station. The Bar Council said during the discussions it became clear that Mr Osah Mills was aware that there was a pending appeal in the Tsatsu Tsikata's case while the Council had not at anytime discussed the issue. In view of this the Council said the pronouncements "made by Nii Osah Mills, has brought the Bar and the administration of justice into disrepute and further caused embarrassment to the legal profession". It said Mr Osah Mills accepted the Council's demand and resigned with effect from September this year.

Mr Osah Mills stated on an Accra FM station that the GBA considered the trial and sentence of Tsatsu Tsikata as politically motivated. He announced his resignation on the eve of the annual general meeting of the association in Kumasi on September 28.