Druckschrift 
Contemporary constitutional issues in our multiparty democracy : 22nd April, 2009, British Council Hall, Accra ; 2009 Annual Law Week celebration, Ghana School of Law, 20th - 26th April. 2009
Entstehung
Einzelbild herunterladen
 

Contemporary Constitutional Issues in our Multiparty Democracy and adroit continuing legal education, formal or otherwise. As we all know, standards in legal education now privilege quantity over quality and is devoid of the give and take between the lecturer and the student in a spirit of deep intellectual engagement, bereft of fear of victimization, which alone can broaden the minds of both lecturer and student and ensure the proliferation of an inventory of ideas from which Ghana may choose preferential options for the twenty-first century. Teachers of the law must realize that today, a student sitting at the back of the class with a palm pilot, blackberry, i-phone or even a Nokia with GSM and GPRS, can access instantaneously far more information and far more credible data from more renowned sources than the lecturer could ever give. Lecturers must also realize that the years of experience which they put so much store on nowadays is in the marketplace for sale. The Dean of Harvard Law School, Prof. Elena Kagan was nominated by President Obama as his Solicitor General when she had virtually no court room experience as Counsel. She will be responsible, however, for defending all civil cases brought against the government. Why did Obama do this? He did this because he was smart enough to realize that anyone who is serious enough, can gather experience or pay for it in a very short timeframe in today ' s world. The third comment I would like to make about the Re Akoto Case is that the submissions of Counsel for the Respondent contained many pieces of advice to the Supreme Court judges. The Supreme Court was humble enough to accept and abide by the many pieces of advice of Counsel for the Respondent in particular and eventually ruled in his favour. This is in sharp contrast to the terrorism that many a lawyer face before many courts in Ghana today. Our judges need to be told that shouting and raving at lawyers does not help judges, lawyers, their clients and the law. I used to go to the Supreme Court to observe proceedings when I was in law school over a decade ago. I noticed a sharp contrast between the older judges and the newer ones. The newer ones terrorized the lawyers, but significantly, I do not remember anything they said, if they said anything at all in between the shouting and raving. The older ones spoke little, directly, far in-between and with remarkable dignity. I still remember what they said. In one case, for example, the late Mr. Justice Hayfron-Benjamin said something to a young lawyer who had been sent by his senior to the Supreme Court to defend an indefensible case of a procedural character. The newer judges had of course spent some twenty(20) or so minutes of the taxpayers ' time venting their spleen on the young man. Right after that, Mr. Justice Hayfron-Benjamin said, Mr ., when you go back, tell your senior, that it is only the straight and narrow path that leads to salvation. He added nothing to this statement. His tone was dignified, respectful, but forthright and penetrating. I, and I believe the young lawyer, have never forgotten that deep statement of extreme wisdom. First, Justice Hayfron-Benjamin realized that the problem at stake was not 8