He made the proposal at the just-ended 2017 Annual Conference of the Ghana Bar Association (GBA) in the Brong Ahafo Regional capital, Sunyani.

Dr. Atuguba, who delivered a keynote address at the conference, argued that court procedures will be much easier and time-saving if the country moves to initiating almost all of its legal processes through technology.

Under the current system, civil proceedings shall be commenced by the filing of a writ of summons which is granted by the court and issued to the defendant to appear before court on a set date.

It must involve physical appearance in court for examination, and putting up an oral defense and evidence.

The existing system also creates room for lawyers to seek an extension of time before judgment, only when they are physically represented in court.

But Dr. Atuguba believes that inclining towards the Applications will be revolutionary and reduce the period of litigations to a maximum time of 6 months in Civil cases.

“I am here today to recommend that we abolish the writ. Let us do away with the old, cumbersome way of initiating actions in our courts. We can easily abolish the writ and replace it with Apps for 99% of cases!” he said.

In his proposal, Dr. Atuguba indicated that, the average suit should consist of a motion, moving the court to grant the reliefs sought by the plaintiff with the necessary documentation including affidavits of all witnesses relevant to the case.

He said the plaintiff will also need to present a statement of case, indicating all of the law that he or she relies on in support of the case.

“The defendant, where he has a counter-claim against the plaintiff, is free to file a counter motion. She must also file counter affidavits and a statement of case  in the same manner as the plaintiff.”

“The plaintiff may file her case at any time she is ready. The defendant should be given 30 days to file her defence. The plaintiff should be given 7 days to file a Reply, if need be. The judge should be given 30 days to peruse the documentation and set a date within one week of the expiration of that one month for oral arguments, lasting no more than 30 minutes for each party to the suit.”

“The judge may use this opportunity to seek any clarifications on any of the material that has been filed; or request the parties or their lawyers to file written submissions on any matter in issue that has not been sufficiently addressed in the Statements of Case. The judge then sets a date for judgement within 8 weeks from the date for oral arguments. Applications for extension of time should be made and granted by email and should in total not exceed 30 days. This way, every case would take less than 6 months to be disposed of.”

Applications for extension of time should be made and granted by e-mail, and should in total not exceed 30 days. This way, every case would take less than 6 months to be disposed of.”

Dr. Atuguba noted that, there may however be some cases that require oral evidence and the need for the judge to observe the posture and demeanor of the witnesses to make judgment, and suggested that such occasional cases could be made to proceed under the old rule.

“In those 1% of cases we will still, as lawyers, we should be be able to put on spectacular performances for our clients,” he added.

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By: Jonas Nyabor/citifmonline.com/Ghana

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According to him, most of the rules were made several decades ago and do not reflect current trends in the legal profession, hence many legal professionals are constantly found to be flouting them.

[contextly_sidebar id=”IMThWVrU4zScJSKhegBHXL1qugDqWlEE”]Speaking on Eyewitness News on Tuesday, he warned that if the rules are not reviewed, its application would be seen to be selective and unfair.

“Every lawyer in Ghana and every law firm in Ghana that is in the business of practicing law constantly breaches the 1960 rules [Legal Profession Act 1960] that govern legal practice in Ghana. When you have such anachronistic rule in operation and everyone is breaching them, then the risk of selective justice becomes very high… If we like your fame and we like your politics, we ignore it when you breach them, but if we don’t like your fame and your politics, we apply them to you strictly when you breach them,” he said.

Commenting on a recent 3-year ban imposed on human rights lawyer, Francis Xavier Sosu by the General Legal Council for among other things  overcharging a client and advertising his services on social media, Dr. Atuguba said the Council must rather be interested in reviewing the rules to bring them at par with the country’s development.

He argued that when the Legal Profession Act 1960 and Legal Profession (Professional Conduct and Etiquette) Rules of 1969 came into force, modern communication means such as Facebook, Twitter and the internet were not in existence, hence the professional legal body must not continue to apply such rules in modern times.

According to him, the ban on lawyer Sosu for advertising his law firm appears to be a selective application of the rules as especially when other law firms have websites and also advertise their services yet are left unpunished.

“Based on the Sosu precedent, every law firm with such material on their website must be penalized. Do you see how dangerous this rule is?” he quizzed.

Dr. Raymond Atugu, who is also a human rights lawyer, told Umaru Sanda Amadu that the punishment by the Council is a concern for human rights lawyers.

He said they are currently considering a draft proposal to be forwarded to the General Legal Council for consideration to have the mismatch applied. Meanwhile, Lawyer Xavier-Sosu has served notice he will appeal against the ruling.

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By: Jonas Nyabor/citifmonline.com/Ghana

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According to him, the delay tactics adopted by the Courts when it comes to justice delivery, makes it difficult for the citizenry to seek justice through the court system, thereby resulting in mob justice and other lawless actions.

The celebrated legal luminary, admitted that, “It takes too long to get to court; it costs too much when we get in there; and it’s ultra-crowded when we get there. Also the principles of Law and Justice applied to us in there are alien to us; some imported from the Brits many centuries ago; we are lost in a maze of procedures and jargon, whilst we are in there; it takes too long to get out; the results we get from the court halls are often spiced with corruption and flavoured with politics; and our relationships are damaged after we get out.”

Dr. Atuguba was speaking at the maiden revolutionary lecture series under the theme: Restoring the values of probity, accountability and truth in contemporary governance in Accra, He spoke against the action of some lawyers who work for their political parties, against the principle of justice for all.

“We need to remember that in the adversarial system of law and justice we practice in Ghana, the party who has better lawyers, more resources, a greater capacity to influence judges and court officials, has truth on their side, at least temporarily”. Dr Atuguba stated.

He said, “moneyed justice” is dispensed, and the values of truth are often sidelined. This cannot continue.

He further emphasised,”we need to inculcate in ourselves and in our leaders, a revolutionary spirit which will compel us and them to act. Inaction is Ghana’s bane”. Other key Speakers for the maiden lecture were: Former Minister of Local Government and Rural Development Akwasi Opong Ofosu and former Minister of Justice and Attorney-General Dr. Benjamin Kumbour.

The event brought together hundreds of NDC big wigs. They included former President John Dramani Mahama, former Ministers of State, former and sitting Members of Parliament, former Chairman of The Party, Dr. Kwabena Adjei. Also present were the General Secretary, Johnson Asiedu Nketia, former Youth and Sports Minister, Elvis Afriyie Ankra, Minority Leader, Haruna Iddrisu as well as the Party foot soldiers.

Background

On February 24, 1966 Ghana experienced her first military intervention in national governance. The 1966 coup gave birth to a series of military interventions in Ghana. January 13, 1972, July 5, 1978, June 4, 1979, and December 31, 1981 remind us of Ghana’s experience of military governance and their attempts to rein in a revolutionary change in the national governance of Ghana.

However, the failures and the weaknesses that these military regimes sought to correct so as to transform the country also became their Achilles heels.

The birth of democratically elected governments, unfortunately, has also not resulted in the expected transformation of the citizenry.

Years of study have proved that, a revolution as called for by Dr Atuguba will not be dependent on military or democratically elected governments. It will take a lot more effort to have a dramatic and wide-reaching change in attitudes, behaviours, and operations that will lead to improved conditions of humanity.

These revolutions only bring about some fundamental changes in political power or organizational structures in a relative short period of time when the population rises up in revolt against the current authorities.

When revolution does not achieve a permanent revolutionary consciousness there is no Revolution.

The Revolutionary Lecture Series is borne out of the experiences and philosophy of Flt. Lt. Jerry John Rawlings and the revolutionary transition Ghana went through.

The lecture seeks to perpetuate a Revolutionary Consciousness in the fabric of Ghanaian politics that will breed leaders that are modest, truthful and pursue social justice.

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Source: GBC

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Some political parties who were disqualified from contesting in the general elections, are in court praying the court to order the Commission to allow them correct mistakes on their nomination forms.

The Flagbearer of the Progressive People’s Party (PPP), Dr. Papa Kwesi Nduom’s hopes of appearing on the ballot were raised last Friday, after an Accra High Court ordered the EC to allow him to amend the errors on his forms and re-submit them for consideration by the EC.

But the EC subsequently said on Monday that it had initiated  a processe at the Supreme Court to quash that High Court judgment on the disqualification of Dr. Papa Kwesi Nduom.

[contextly_sidebar id=”xfNQ7pvql8k20Z7KKw5R91g8zAlOHuIW”]Some key stakeholders have since expressed concern about the consequences of about five lawsuits against the Commission, on the election timetable.

But speaking on Citi FM’s News Analysis Programme, The Big Issue, Mr. Atuguba, who is also lawyer for the People’s National Convention (PNC) over the disqualification of the party’s presidential aspirant, Dr. Edward Mahama, indicated that the December polls will not be affected by the suits.

“The December 7 presidential elections will not be affected by the suits that are currently being mounted against the Electoral Commission. In other words, on December 7, unless Ghana is at war or there is really a grievous situation, December 7 polls will proceed as planned.”

Supporting his claim with Article 63 of the 1992 constitution, Mr. Atuguba argued that “the constitution provides that the time for presidential election must be between four months and one month before the tenure of a sitting President constitutionally expires.

“Now the tenure of a sitting President constitutionally expires in our current circumstances at midnight on the 6th of December; so whatever happens and in order not to avoid any constitutional crisis, the presidential elections must be held on 7 December,” he added.

According to him, the only two instances which can lead to a postponement of an election are “in the case of a run-off or when both the President and the Vice President dies and the Speaker becomes acting President within three months.”

Anxiety over election timetable: Akoto Ampaw writes to EC 

Another Private Legal practitioner, Akoto Ampaw, has written a letter to the Electoral Commission, demanding answers to seven questions following his fears that the election timetable on December 7, may be compromised.

The letter was written in his capacity as a private citizen backed by Article 21 (1) (f) of the Constitution of the Republic of Ghana.

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By: Marian Ansah/citifmonline.com/Ghana
Follow @EfeAnsah

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