No private body deserves public power by default – Kwaku Azar slams GBA’s constitutional privilege

Legal reform advocate and academic Professor Kwaku Azar has launched a sharp critique of the Ghana Bar Association’s entrenched role in the country’s governance system, arguing that the association enjoys unjustifiable constitutional privileges that undermine democratic representation.

In a statement that is part of his broader Governance of Ghana Organisation (GOGO) reform agenda, Azar took aim at what he describes as the “unconstitutional monopoly” the GBA holds over the legal profession’s public voice.

“No private body deserves public power by default,” he said.

“It is time to remove all references to the Ghana Bar Association from the Constitution and replace them with provisions that give all licensed lawyers a say in who represents them.”

Currently, the GBA—a voluntary private association—nominates members to key constitutional and governance bodies including the Judicial Council, the National Media Commission, and the Council of State.

Azar argues this arrangement is neither democratic nor inclusive.

“This monopoly of voice must end,” he declared.

“The GBA does not speak for all lawyers. It cannot continue to function as the de facto representative of the legal profession in constitutional matters when not all lawyers belong to it.”

Azar called for immediate constitutional reforms to democratize legal representation, proposing:

• An independent legal roll of all licensed practitioners,
• Open nominations and voting rights for all lawyers regardless of GBA membership,
• Term limits for elected representatives to prevent entrenchment of power.

“The idea that a private group can automatically speak for a whole profession is outdated and undemocratic,” Azar said.

“Doctors, architects, and other professionals are not given constitutional privileges through their associations. The legal profession should not be an exception.”

His comments come amid renewed national scrutiny of the GBA following its resolution calling for the revocation of the Chief Justice’s suspension—a move that has sparked backlash from prominent legal minds who accuse the association of overstepping and politicizing its role.

Azar insists his criticism is not a personal attack on the GBA, but a call to realign the country’s governance structures with democratic principles.

“This is about equity and accountability,” he concluded. “No private body—no matter how historic—should wield constitutional power without the direct consent of those it claims to represent.”