Members of the Ghana Bar Association (GBA) have been cautioned to refrain from the trial of cases in the media.

Describing the discussion of pending cases on the airwaves as media trial, the Chief Justice, Mrs Justice Georgina Wood, said such a practice incites public emotions against an opponent’s case and the bench.

“I wish once again to caution learned friends against media trials, those media discourses camouflaged as interview and cleverly designed to court sympathy for one’s cause and incite public emotion against an opponent’s case and or the bench,” she said.

Justice Wood gave the caution when she opened the 2016/2017 annual conference of the GBA on the Miotso campus of the Central University.

The conference is on the theme: “The role of the legal profession in sustaining peace and the rule of law before, during and after the 2016 elections”.

Emotional farewell

Using the occasion as an emotional farewell to the GBA with her announcement that it was going to be her last conference, since she was set to retire next year, Justice Wood implored the lawyers to use the courts to address issues.

“In the best tradition of the profession, there are legal avenues and processes for correcting decisions of the courts. I urge you to adopt these mechanisms to seek redress, rather than running to the media to whip up emotions and incite hatred, opprobrium or public ridicule against your friends on the other side of the legal divide and the bench,” she advised.

She also urged the lawyers to play by the rules and not to act in such a way that would breed cynicism and distrust against the established system, as that would threaten the rule of law.

She thanked the GBA for going to the defence of the Judiciary when it came under attack and grave threats from sections of the public, saying, “The GBA, in upholding their duty as defenders of the rule of law, and as is the international norm and best practice, has affirmatively supported the Judiciary and risen to her defence and statements issued to that effect. I thank you sincerely.”

Blind allegiance to political parties

While agreeing that it was the right of members of the Bar to identify with political parties, Justice Wood said it was dangerous for them to allow blind allegiance to cloud their sense of judgement, sense of right and wrong and so compromise on their objectivity, integrity and other high ethical values and norms at the core of the legal profession.

She, therefore, urged the lawyers to avoid pitting clients and their political friends and allies against the Judiciary.

Adding his voice to the concern expressed by the Chief Justice on blind allegiance to political parties, the President of the GBA, Mr Benson Nutsukpui, said it was very disheartening to hear a lawyer being referred to as the lawyer of a political party.

“Of serious concern presently is the menace of political legal commentators who must be heard on every important issue of national interest. It is very disheartening to see a lawyer happy to be described as a CPP, NPP or NDC lawyer. One wonders what that means. Is such a lawyer on a retainer with the party or what?

“With such a description it is doubtful that such a lawyer can be or at the least be perceived to be an objective contributor to matters of national interest on which he always wants to be heard. Lawyers must refrain from mixing politics with legal matters,” he urged the lawyers.

Media courts

Mr Nutsukpui also expressed misgivings about radio stations being used as auxiliary courtrooms, saying that it was plainly against the ethics of the profession.

He stated that the GBA would not shirk its responsibility to protect the Judiciary, nor would it countenance any threats of social or any other media against judges.

Lawyers and elections

The Minister of Justice and Attorney-General, Mrs Marietta Brew Appiah-Opong, urged the lawyers to help the electoral process by educating the public on the electoral laws, be impartial in their work and also take pro-bono cases to assist in legal disputes to ensure smooth and peaceful elections.

Other speakers at the conference were Prof. Akua Kuenyehia, a former judge and Vice-President of the International Criminal Court at The Hague, and the Special Representative of the UN Secretary General for West Africa and the Sahel Region, Dr Mohammed Ibn Chambas.

Source: graphic.com