QUALITY LEGAL EDUCATION V MASS PRODUCTION OF LAWYERS

QUALITY LEGAL EDUCATION V MASS PRODUCTION OF LAWYERS

‘Two are better than one, [b]ecause they have good reward for their labor’

– Ecclesiastes 4:9(NKJV)

There is a subtle yet fierce battle raging mainly in Ghana’s legal fraternity. It is a battle of access to legal education and its expansion. One school of thought advocates for overhauling of Ghana’s legal education through decentralisation, standardisation, transparency and fairness to enhance access. The other school of thought insists on restricting access to legal education citing quality over quantity. In the opinion of the latter school of thought, guarding against mass production of lawyers is a measure to curb indiscipline and mediocrity in the legal profession.

The quality school of thought appears to suggest that quality resides in few and that mass production of anything affects its qualitative function. The quantity school of thought however believes access to educational opportunities and facilities is a constitutionally guaranteed right which ought to be respected and promoted.

Are quality and quantity mutually exclusive? Is quantity a life-time enemy of quality? Whose duty is to ensure quality legal education in Ghana? Is not multiplication God’s idea? Does not God expect everything He has created to continuously multiply itself? Why should we insist, for example, on only producing five quality lawyers only if we can have twenty such? Is it the case that we honestly do not have what it takes to produce many quality lawyers? Truly, quality and quantity are not mutually exclusive. Ten quality lawyers are better than just two.

The main issue we should thus focus on is how Ghana can produce more quality lawyers in the wake of increase demand for its legal education? The production of Toyota automobiles started in the 1930s. Toyota Motor Corporation produced its first passenger car (Toyota AA) in 1936. The company has been producing more than ten million vehicles each year since 2012. Although mass production of vehicles may be different from mass production of lawyers, the key lesson to draw is that mass production of quality is cogent evidence of progress and relevance. Perhaps, but for mass production of quality vehicles today, the level of efficiency we are experiencing in commerce and indeed nearly all aspects of human life would not have been achieved. King Solomon, the wisest king in history, is right in saying that “two are better one...” Certainly, two quality lawyers are better than one.

Richard Obeng Mensah, author of Persecutions are Promotions

The writer is a blogger, legal academic, life and leadership coach,

and a private legal practitioner in Ghana.

Blog: www.richard-obeng-mensah.blogspot.com Email: richardobengmensah@gmail.com

Facebook: https://web.facebook.com/obeng.m.richard?_rdc=1&_rdr

© 28 October 2019.

MASS FAILURE AT GHANA SCHOOL OF LAW – WHOSE FAILURE?

MASS FAILURE AT GHANA SCHOOL OF LAW – WHOSE FAILURE?

‘All persons shall have the right to equal educational opportunities and facilities...’

-Article 25(1) of the 1992 Constitution of Ghana.

This world began with just one person, called Adam. Later his Maker realized it was not good for him to live alone. So Eve was also created to help Adam administer the world. Today, about 7.5 billion people have been added to assist in the prudent and efficient administration of this world.

Yet there is a school of thought in Ghana’s legal fraternity that still opines that what was done by ‘5 people’ in 1960 in Ghana can be done by ‘9 people’ in 2019. Because of this the mass failures of candidates at Ghana School of Law is tolerated and even cherished by adherents of what could be referred to as the ‘gatekeeping’ school of thought,  irrespective of multitudes of incessant legitimate concerns and suggestions expressed by many others.

Meanwhile plethora of cases are rotting in our courtrooms due to inadequate judges, magistrates and lawyers. Besides, most government institutions, organisations and communities in Ghana are legally malnourished due to inadequate lawyers.

Who is failing massively? The candidates, the Ghana School of Law or the people of Ghana? Gatekeeping measures are not benchmark for assessing quality legal education in the world. Where is the right to equal educational opportunities and facilities in Ghana? Everything indeed rises and falls on leadership. It is not the candidates who are failing massively, it is legal education in Ghana and Ghana as a nation. This is a call on the true sons and daughters of Ghana to arise; be awake, alive and act now!

Richard Obeng Mensah, author of Persecutions are Promotions

The writer is a blogger, legal academic, life and leadership coach,

and a private legal practitioner in Ghana.

Blog: www.richard-obeng-mensah.blogspot.com 

Email: richardobengmensah@gmail.com

Facebook: https://web.facebook.com/obeng.m.richard?_rdc=1&_rdr

© 26 September 2019.

NATURAL JUSTICE IN THE HANDS OF A CRAFTY JUDGE

NATURAL JUSTICE IN THE HANDS OF A CRAFTY JUDGE

In the history of humanity, the rules of natural justice were first observed by God in the Garden of Eden after Adam and Eve had eaten the proverbial forbidden fruit. The first couple were given opportunity to be heard before God, their judge, condemned their ill conduct and imposed hefty sanctions on them. The rules were later equally observed by God before punishing Cain who murdered his younger brother, Abel. The rules are among some of the most age-long revered legal doctrines in all legal systems across the globe. Failure to observe them can ground the quashing or nullification of any relevant proceedings or decision of a court of competent jurisdiction or any other adjudicating body. The rules are consistent with a principle of law which posits that justice must not only be done but must be seen to have been manifestly done.

Natural justice has two main components namely: no man should be condemned unheard (audi alteram partem), and no man should sit as a judge in his own case (nemo iudex in causa sua). Rules of natural justice are thus meant to provide justice through procedural fairness and to guarantee fair trial, unbiased and transparent judgments to all persons who resort to the law for justice.[1] This means that persons affected by a decision should not only be given prior notice and an opportunity to be heard, but also be entitled to an unbiased decision maker. This article focuses on the first leg of the rules of natural justice since issues bordering on biased or hostile attitudes of a judge or an adjudicating authority can easily be discerned and confronted or challenged where necessary.

According to a plethora of legal authorities, fair hearing includes receiving prior notice of decision making, prior communication to parties of any change in the nature of hearing,   right to legal representation, and opportunity to put before the court a party’s version of the case. Superior Courts are especially obliged by law to record arguments, submissions, evidence led by parties and their witnesses, and all decisions or orders or judgments made by them.[2] Justice Sowah (as he then was) rightly stated in Cruishank v Commissioner of Police[3]  that a magistrate was obliged to record whatever submission counsel makes in a case, and that failure to do so vitiates the whole proceedings and makes the record incomplete. The Supreme Court of Ghana has also held that any event that cannot be traced from the records of a court cannot be accepted as having taken place.[4] What then happens if a crafty judge deliberately fails to record any relevant portion of a party’s testimony or argument of that party’s counsel in the record book of the court? What also happens if a wily judge deliberately summarises a party’s case in the record book in a manner that distorts the true import of that party’s case? What becomes of a decision or an order of a court if a wily judge after openly reading the decision in court later modifies the records to disfavour one of the parties before same could be procured? The foregoing issues usually occur in courts presided over by a magistrate or a single judge, and in courts that are not automated. 

Article 23 of the 1992 Constitution of Ghana requires even purely administrative bodies to act fairly and reasonably in consistent with rules of natural justice.[5] It is argued that the right to fair hearing cannot be guaranteed if a party’s case is not borne out by the record of a designated court. Thus a party may subtly be denied of his right to fair hearing if a magistrate or a judge spitefully records only an aspect of that party’s case while recording every relevant aspect of the other party’s case. Consequently, the former party will suffer grave miscarriage of justice which may not be salvaged even on appeal since the record will not favour his or her case. I therefore suggest the following recommendations to deal with the problem:

1. The Government should expedite the automation of all courts in Ghana;
2. There should be a practice direction on rules of natural justice to guide the courts;
3. In the absence of full automation, all unautomated courts should be given recording gadgets to record all relevant proceedings, and parties or their lawyers should have immediate access to such proceedings after court; and
4. A court should be required to order lawyers to file their written submissions or addresses if it is not in a position to write down all the salient aspects of their arguments in court.

Richard Obeng Mensah, author of Persecutions are Promotions. The writer is a certified life and leadership coach, a legal academic and practitioner, and a prolific author of 7 books and over 200 articles.Blog:www.richard-obeng-mensah.blogspot.comEmail: richardobengmensah@gmail.com               

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[1] Republic v High Court, Denu; Ex Parte Agbesi Awusi II (No 2) (Nyonyo Agboada (SRI III) Interested Party) [2003-2004] SCGLR 909-910.

[2] Iddrisu v Amartey [2009] SCGLR 670, 677.

[3] [1963] 2 GLR 369.

[4] Ibid n 2.

[5] Awuku-Sao v Ghana Supply Limited [2009] SCGLR 711 at 719-722.

THE BEST GIFT OF THE FATHER

THE BEST GIFT OF THE FATHER 

“Do not be deceived, my beloved brethren. Every good and perfect gift is from above, and comes from the Father of lights, with whom there is no variation or shadow of turning” – James 1:16-17 (NKJV)

  

All great gifts fall into two main categories -

Good and perfect gifts. Good gifts include; godly marriage, sound health, righteous riches and faithful friends. Love, grace, glory and eternal life are examples of perfect gifts.

 

Every good and perfect gift comes from above

Everything that is from above is above all. Good and perfect gifts are above all other gifts – especially earthly gifts. One good or perfect gift is better than thousand earthly gifts.

 

Every good and perfect gift comes from the Father who is trustworthy and faithful

Is He your father or He remains just your Creator? Truly God is not Father of all though He is the Creator of all. He is Father to only those who have personal relationship with Him. 

The Father is a father to only those who know themselves to be sinners and have accepted His Son into their hearts. The name of His Son is Jesus Christ. The Son is God’s best gift to the world. He came from above and later ascended to above - Heaven. You can find good and perfect gifts ONLY in Jesus. I give you the best gift of the Father – Jesus.  Do not be deceived; there is no better gift outside Jesus. Choose to always to walk with Him.

Richard Obeng Mensah, author of Persecutions are Promotions. The writer is an award-winning author of 7 books and over 250 articles on legal and non-legal themes.  He is also a certified life and leadership coach, a lawyer, a law lecturer and a blogger.  Blog: www.richard-obeng-mensah.blogspot.com   Email: richardobengmensah@gmail.com © 12/11/2018.

 

THE TWO MAIN PARTISAN POLITICS IN GHANA

THE TWO MAIN PARTISAN POLITICS IN GHANA

There are two main partisan politics in 62-year old Ghana, not three

They are not just politics clothed with mere socialist, capitalist or democratic philosophies

There are two main partisan politics in Ghana, not four; yes, not five

They are not just the politics of Nkrumah, Danquah, Busia, Limann nor Rawlings.

There are two main partisan politics in modern Ghana, not one

They are not just the politics of CPP, NDC, NDP, PPP or NPP

There are two main partisan politics in Ghana, not six

Yes, they are not just about Kufuor, Mills, Mahama or Nana.

The two main partisan politics in modern Ghana are twins

They are identical and uterine siblings yet they are of different fathers

They are always active, current, visible and alive!

Very much alive in the valleys and on the mountains in Ghana.

Truly there are two main partisan politics in today’s Ghana

They are not just politics of a political party in power or in opposition

There are two main partisan politics in Ghana, not just three; not four; not five

They are not politics of real nationalism, patriotism, democracy or good governance.

The two main partisan politics in Ghana are politics of deceit and pretence on one hand

And politics of greed and wickedness on the other hand – they are two, not one; not four!

These two main partisan politics continue to bleed corruption, division, insecurity, lawlessness and needless hardship in the country

The power to change these unfortunate partisan politics resides in Ghanaians most of whom remain mere observers, mere complainers and are even complicit in the big mess.  

 Richard Obeng Mensah, author of Persecutions are Promotions

The writer is a blogger, legal academic, life and leadership coach, 

and a private legal practitioner in Ghana.

Blog:www.richard-obeng-mensah.blogspot.com                                                          Email: richardobengmensah@gmail.com

Facebook: https://web.facebook.com/obeng.m.richard?_rdc=1&_rdr

© 10 March 2019.