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Selective Justice: Is the Ghana Bar Association losing its relevance?

Ghana Bar Association Debate grows over the Ghana Bar Association’s role in justice

Tue, 29 Sep 2026 Source: Awudu Razak Jehoney

The Ghana Bar Association (GBA) has once again demonstrated why many Ghanaians no longer take it seriously as a neutral defender of the rule of law. Its hasty, partisan statement on the attempted arrest of Manhyia South MP, Nana Agyei Baffour Awuah, is not a defence of the Bar. It is an embarrassment to the law profession.

On September 23, 2026, officers of the Economic and Organised Crime Office (EOCO) attempted to arrest Hon. Baffour Awuah at the premises of the Accra High Court Complex. EOCO has since confirmed the officer involved was on legitimate duty. The MP was wanted in connection with an on-going investigation.

Within 48 hours, on September 25, the GBA issued a strongly-worded statement condemning EOCO, claiming the incident was "concerning," warning of "intimidation," a "chilling effect on the legal profession," and that it could "undermine public confidence in the justice system."

The question every honest lawyer is asking is: Since when did being a lawyer become immunity from arrest?

The Selective Justice of the GBA

The GBA statement conveniently forgets the most basic principle of law that every Level 100 law student knows: No one is above the law, not even a lawyer, not even an MP.

The GBA itself admitted in the same statement that "no individual is above the law." Yet the entire tone of the statement suggests that because Baffour Awuah was wearing a lawyer's gown at the time, EOCO had no right to attempt an arrest.

This is legal hypocrisy and the GBA knows it.

Where was the GBA when Oliver Baker-Vormawor, a private legal practitioner was arrested on his way to court?. Where was this same energy when ordinary Ghanaian lawyers have been harassed, detained and humiliated? Where was the GBA when young lawyers at the Legal Aid and private bar struggle to get access to clients at police stations?

The reason for the speed and ferocity of this statement is obvious to everyone: Nana Agyei Baffour Awuah is not just any lawyer; he is the NPP MP for Manhyia South, a party the past and current GBA leadership has repeatedly shown sympathy for. When an NPP lawyer is involved, the GBA finds its voice. When NDC lawyers or ordinary lawyers are involved, the GBA goes on mute.

This is exactly what private legal practitioner Abraham Amaliba and Attorney-General Dr Dominic Ayine have accused the GBA of, returning to its old partisan ways.

An Embarrassment to the Profession

By issuing a partisan statement to shield a politically exposed person, the GBA has embarrassed itself and the profession in three ways:

It Misrepresents the Law: The GBA claims investigations must respect "professional independence." Professional independence does not mean immunity from criminal investigation. A lawyer who allegedly commits a crime or is a subject of investigation cannot hide behind his gown inside a court premises.

EOCO did not arrest him while he was on his feet addressing a judge; the attempt was on the court premises. That is not contempt of court.

It Creates a Two-Tier Justice System: The statement by GBA President Effua Ghartey that "the independence of the legal profession is a cornerstone of every democratic society" is true. But independence does not mean impunity. If the GBA wants Ghanaians to believe that lawyers should be arrested differently from ordinary citizens, then it is arguing for a special class of citizens, which is against the 1992 Constitution.

It Exposes Its Political Bias: Just two weeks ago at its annual delegates conference in Ada, the same GBA described the Chief Justice's remarks praising a government institution as "unfortunate" and warned it could undermine judicial independence. It was quick to side with the NPP's call for the Chief Justice to retract or resign. Today, it is quick to defend an NPP MP. The pattern is consistent: Always critical when the NDC government acts, always defensive when the NPP interest is at stake.

A true Bar Association would have called for facts: What is EOCO investigating? Was due process followed? Was there a warrant? Instead, the GBA rushed to condemn a state anti-crime institution based on a video showing another lawyer, Enoch Anhwere Afoakwa, complaining of assault, a claim that has turned out to be a complete lie.

What a Professional Bar Would Have Done

A professional, non-partisan GBA would have said:

"We have taken note of the incident at the High Court on September 23 involving our colleague and EOCO. We have contacted both sides for facts. No one is above the law, and law enforcement must also follow due process. We urge calm."

That would have protected the profession without embarrassing it.

Instead, the GBA chose to issue a political press release that suggests lawyers are above arrest, and that an NPP MP deserves more protection than an ordinary Ghanaian.

This is why the GBA has lost relevance; it no longer speaks for justice, it speaks for its friends.

If the GBA wants to regain the respect it had during the days of defending the 1992 Constitution, it must stop being a partisan club and start being a Bar for all lawyers, NPP, NDC, and those without party affiliations at all.

Columnist: Awudu Razak Jehoney