The incessant use of the title Lawyer or Esquire, for politicians serving in Public Offices, more so Legislatures, representing their constituencies, within the Chamber of Parliament, need to be handled with care, in accordance to the regulatory orders, of the Laws of Ghana. Having the article and chosen topic, meant to serve Legal Education purpose, and safeguard media Journalism, towards press release on legal subject.
It must be acknowledged, and by experience admit, in the practice of the law, there are standards of conducts and ethics, very difficult to uphold, as an average political figure, and in most circumstance public officials, whose services of duty, do not fall in the rudiment of Legal system and the Justice Administration. Hence, the framers of the 1992 Constitution of the Fourth Republic, appreciating, the threshold requirement for;
I. The conducts and Ethics, in the practice of Law.
II. The Lawyer and Clients relationship, within the Justice Administration.
Thou, conferring these two major requirements, to the benchmark standards, of who qualifies as a Legislature, under the Laws of Ghana, to be accorded the Parliamentary privileges and immunities, framed the letters of the Law, in the Constitutional provision, to disallow a legislature, to be sworn-in at bar, and practice law, before the Bench of the Judiciary Court, of the Republic of Ghana. As stipulated in Article 94, Section (3) of the 1992 Constitution, Clause (b); which state;
“ A person shall not be eligible to be a member of Parliament, if he is a member of the Police Service, the Prison Service, the Armed Forces, the Judicial Service, the Legal Service, the Civil Service, the Audit Service, the Parliamentary Service, the Statistical Service, the Fire Service, the Customs, Exercise and Preventive Service, the Immigration Service, or the Internal Revenue Service.”
In furtherance, the Article 98, Section (2), states;
“ A member of Parliament, shall not hold any office of profit or emolument, whether private or public, and either directly or indirectly, unless permitted to do so, by the Speaker, acting on the recommendations of a committee of Parliament.”
Article 94 and 98 of the Act of Parliament, will be cited in tandem with the Legal profession (Conduct and Etiquette ) Rules [2020 (L.I. 2423)], the Rule 23, Clause (6) and (7), hence, quote as follows;
Clause (6) “ Where a member of a Law Firm, takes up a public office, that member shall not practice privately.”
Clause (7) “ Where the public office taken-up by the member of a Law Firm, is that of a Minister of State, Deputy Minister, or Member of Parliament, may practice subject to the permission of the Speaker.”
The Clause (7) of the Rule 23, of the Legal Professional code, is justified, in it interpretation under the provision of Article 103, Section 6, Clause (a), (b), (c ), as a Constitutional provision of the Act of Parliament, which, I quote;
“ A Committee appointed under this Article, shall have the powers, rights and privileges of the High Court, or a Justice of the High Court, at a trial for;
Clause (a) “ Enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise”.
Clause (b) “ Compelling the production of documents", and
Clause (c ) “ Issuing a commission , or request to examine witnesses abroad".
It is therefore, persuasive, and legally established, that a Legislature, as a qualified Lawyer, could only practice, within the Chamber of Parliament, under a prerogative license of permission, by the Speaker of Parliament.
It is thereby conclusive, as a member of Parliament, being a qualified lawyer, opt to practice, out of the boundary of Parliamentary Chamber, to the Judicial Court of competent jurisdiction, is to admit, he has stripped himself officially, of all privileges and qualified immunities accorded onto, by the Act of Parliament, as stipulated in Article 115, 116, 117, 118, 119 and 120 of the 1992 Constitution of the Fourth Republic of Ghana, and susceptible to be sued or summoned before any Judiciary Court of Ghana, by any one, who consider the adventure necessary, to bear the full consequence, of his actions to the latter, like any ordinary citizen, before a bench of a Competent jurisdiction of a Judicial Court, without any intervention, of the Speaker of Parliament.
REFERENCE
n The 1992 Constitution of the Fourth Republic of Ghana, as amended in 1996.
n Legal Profession (Professional Conduct and Etiquette) Rule [2020 (L.I. 2423)].
† Emmanuel Tweneboah Senzu, professor of Constitutional Law and Economic Criminology, J. Reuben Clark Law School, Brigham Young University. Utah, United States. Ghana School of Law, Greater Accra. West Africa.
