GBA’s constitutional monopoly must end – Kwaku Azar demands democratic reform

Legal scholar Professor Kwaku Azar is calling for constitutional reforms. He wants to end what he sees as the Ghana Bar Association’s (GBA) “unchecked and undemocratic monopoly” over legal representation in public governance.

Azar questions why a private association like the GBA has special constitutional privileges. He acknowledges the GBA’s contributions to democracy and civil liberties. However, he believes its historical role does not justify its current power.

“The GBA is a private, voluntary association,” Azar stated. “It was not created by law and lacks public accountability.” Yet, the Constitution treats it as a representative of all lawyers. This gives it power to nominate individuals for key positions.

He pointed out ten constitutional provisions where the GBA holds nomination powers. These include the Council of State and Judicial Council. Azar argues this creates a monopoly that silences non-GBA lawyers.

He believes this violates principles of pluralism and democratic representation. To fix this imbalance, Azar proposed reforms to replace GBA references in the Constitution. He suggests allowing all licensed lawyers to vote for their representatives.

His proposal is supported by the Governance of Ghana Organisation (GOGO). It includes creating an independent electoral roll for lawyers and open nomination procedures. All licensed practitioners would have universal voting rights with defined term limits for representatives.

“Representation must be earned through democratic legitimacy,” Azar insisted. “Let every lawyer have a voice.” He emphasized that legal representation should depend on mandate, not membership.

Azar noted that no other profession in Ghana enjoys such constitutional entrenchment for their bodies. He called this situation a distortion of institutional balance.