A contentious debate is underway in Ghana's legal profession over whether lawyers should be free to choose their professional association. At the heart of the issue is the question of whether one body should own the right to speak for every lawyer in the country. This debate has been sparked by the Ghana Bar Association (GBA) and the Ghana Law Society (GLS), with some suggesting that the GBA is aligned with the New Patriotic Party (NPP) and the GLS with the National Democratic Congress (NDC).
The GLS held its maiden Annual Bar Conference in Accra on September 30, 2026, under the theme "Legal Reforms: The Place of the Ghanaian Lawyer". The conference was launched by Honourable S.K Alban. The event was quickly labeled as an "NDC" event, while the GBA is often seen as an "NPP" organization. However, both labels are based on public perception and do not necessarily reflect the reality. The GLS President, Honorable Rockson-Nelson Dafeamekpor Esq., is an NDC Member of Parliament for South Dayi and Majority Chief Whip.
The GBA has also faced criticism for its perceived alignment with a particular political party. In May 2025, a commentator argued that the GBA was quiet during controversies under the Akufo-Addo government but loud under the Mahama government. At the GBA's own conference in Ada this month, the Attorney-General's speech noted that the Bar "is often seen and described by the public as a mouthpiece of a particular political interest rather than of the public interest as a whole". These perceptions have contributed to the debate over whether one association should represent all lawyers.
A key argument against a single association representing all lawyers is that it can lead to a lack of accountability. With a monopoly on representation, the association's leadership may not be held accountable by its members. In contrast, multiple associations can foster competition and innovation, as each tries to offer better services to attract members. This can lead to improved welfare, training, and mentorship for lawyers.
Ghana has experience with a similar situation in the past. The Industrial Relations Act of 1965 forced unions to register through the Trades Union Congress (TUC), but this was later changed to allow for pluralism. The Ghana Federation of Labour was set up in 1999, and today teachers can choose between GNAT, NAGRAT, and CCT-GH. This has not destroyed teacher unity but has made it voluntary.
The 1992 Constitution guarantees "freedom of association, which shall include freedom to form or join trade unions or other associations, national and international, for the protection of their interest". However, the Constitution also names the GBA in several provisions, reserving seats for it on bodies such as the Judicial Council. The Legal Profession Act, 1960 (Act 32) also gives the GBA four elected seats on the General Legal Council.
The issue is currently before the Supreme Court, in a suit filed in September 2025 by the GLS, Honorable Dafeamekpor, and Mr. Israel Tetteh Esq. against the Attorney-General and the GBA. The Constitution Review Committee has also recommended removing all direct references to the GBA from the Constitution and replacing them with neutral wording, so that Parliament can set how the profession's representatives are chosen.
Key points
- A single association representing all lawyers can lead to a lack of accountability and limit innovation and competition.
- The debate over single association ownership of Ghana's lawyers centers on the question of whether lawyers should be free to choose their professional association.
- The issue has sparked a heated debate between the Ghana Bar Association (GBA) and the Ghana Law Society (GLS), with implications for the legal profession in Ghana.
