Legal scholar and governance reform advocate Professor Kwaku Azar is demanding sweeping changes to how lawyers are represented in Ghana’s constitutional and public institutions, arguing that the current system grants the Ghana Bar Association (GBA) disproportionate and undemocratic power.
In a strongly worded statement, Azar said it is unjustifiable for a private, voluntary organization like the GBA to have entrenched powers under the 1992 Constitution, including nominating members to constitutional bodies such as the Judicial Council, the Council of State, and the National Media Commission.
“The GBA is a private association. Membership is not mandatory, yet it is treated in our Constitution as though it is the sole representative of the legal profession,” he said. “This must change. Let all lawyers vote.”
Azar proposed that representatives of the legal profession to constitutional bodies be chosen through a democratic process that involves all licensed lawyers in Ghana—not just those affiliated with the GBA.
His call, which forms part of the Governance of Ghana Organisation (GOGO) constitutional reform agenda, seeks to replace every constitutional reference to the GBA with provisions that allow all lawyers to nominate and vote for their representatives.
He called the GBA’s exclusive constitutional privilege “a monopoly of voice” and “a historical accident” that no longer aligns with modern democratic values.
“There is no basis for a private body to be treated as the default proxy for an entire profession,” Azar stated. “Doctors, engineers, and accountants are not given this power in our Constitution. Why should lawyers be any different?”
Azar’s proposal includes:
- Creating an independent roll of all licensed lawyers,
- Allowing all lawyers to nominate candidates,
- Establishing transparent election procedures, and
- Enforcing term limits for elected legal representatives.
“This is not a debate about the GBA’s history or its past role. It is about the future—about democratic legitimacy and fair representation,” he emphasized.
The call comes amid growing criticism of the GBA’s perceived political positioning and lack of broader accountability, especially as it weighs in on contentious national issues such as the ongoing judicial controversy.
Professor Azar insists that the time has come for Ghana to democratize the legal profession’s public representation. “No private club should speak for all lawyers. Representation must come from votes, not voluntary membership. The future of the legal profession demands inclusion and accountability,” he said.
