The Ghana Bar Association (GBA) has condemned in no uncertain terms, the practice whereby wealthy and rich people take advantage of the Ghana Legal Aid Scheme to deprive the poor of the chance to seek legal assistance.
It said the scheme has been set up under the 1992 Constitution and Act 542 (1997) for the purpose of assisting the poor and needy to present their cases in court and to resolve disputes.
The Association noted, however, that some rich people equipped with information on the mechanism or operations of the Scheme and the difficulties of the Legal Aid Board, take advantage of it in litigation, thus depriving the poor of the opportunity to seek justice and legal assistance.
Mr. Peter R. Zwennes, Vice-President of GBA, stated this during a lecture, forming part of activities to mark the Student Representative Council (SRC) Week of the Mountcrest University College in Accra.
He described the practice as unfortunate, saying it detracts from the legitimacy and functioning of a stable democratic society.
The SRC Week on the theme: “Accessing Legal Aid: The Role of the Legal Profession,” brought together legal professionals, academics, students and other stakeholders in legal aid, to educate the public on the essence of legal aid in Ghana.
The scheme enables members of society, especially those who cannot afford to have access to justice and legal representation as contained in Articles 14(2) and 19(2)(f) of the Constitution.
Mr. Zwennes urged the Board of the Scheme to take steps to ensure that the poor benefit from the scheme.
He called on lawyers to rekindle their interest in rendering pro bono legal services to the poor and not to focus on the monetary benefits of their practice.
The Founder and Director of Mountcrest University College and a former Director of the Ghana School of Law, Mr. Kwaku Ansa-Asare, expressed grave concern about the proposed classification of admissions into the Ghana School of Law, the body mandated to train legal practitioners in Ghana.
Under the new policy under consideration, only students with First Class and Second Class (Upper) will be allowed entry into the Ghana School of Law to become professional lawyers.
Mr. Ansa-Asare said, the policy if pursued, will deprive hundreds of people the opportunity of becoming lawyers, for the mere reason that they could not obtain First Class and Second Class (Upper) divisions in Bachelor of Law Degree.
He noted that some of the best Chief Justices, judges, law lecturers and lawyers the country has produced did not obtain first class and second class, yet they have distinguished themselves in the legal profession in the country and internationally.
Mr. Ansa-Asare, who is also the founder of Readwide Company, and one-time Registrar of the Ghana School of Law, was also not happy with the mode of legal training, saying that a lot of emphasis is placed on academic work rather than practice.
He urged the GBA to consider making Law Students, associate members of the Bar, to whip up their interest and guide them to become committed to the Association.
Professor Emmanuel K. Quansah, Acting Dean of the Law Faculty, who chaired the function, said apart from the academic knowledge acquired from school, it moulds the character of students.
Prof. Quansah, who is also the Deputy Rector, Mountcrest University College, commended the SRC for organizing the lectures to climax the celebration, describing it as worthy initiative.
The President of the SRC, Mr. Charles Kwaku Minkah, announced plans by the SRC to foster stronger relationship with their colleagues from the University of Ghana, Legon and other Law Faculties, to deepen their interest in legal aid.
The SRC presented a citation to Mr. Zwennes and Mr. Alhassan Yahaya Seini, Director of the Ghana Legal Aid Scheme, for their roles in promoting legal aid in Ghana.
