The assault of a lawyer by relatives of a deceased immigration officer at a court in Ghana during a recent hearing is not only disturbing but reflects a deep misunderstanding of the legal profession’s role in our justice system. While the grief and pain of losing a loved one to violence is unimaginable, it is crucial that we, as citizens of a democratic society, understand and respect the fundamental principles upon which our justice system operates — chief among them being the right to legal representation which is provided for in the 1992 Constitution and the Legal Aid Commission Act, 2018 (Act 977). This incident calls for public education, not only on the role of lawyers but also on the legal consequences of such violent conduct.
In any civilized society governed by the rule of law, every individual, regardless of the offence they are accused of, is entitled to fair trial and legal representation, Article 19(2). The Constitution of Ghana and international human rights instruments guarantee this right. It is not just a formality — it is the bedrock of justice. Lawyers are duty-bound by their professional ethics and constitutional obligations to represent clients without fear or favor. Their role is not to condone or justify wrongdoing, but to ensure that justice is done in accordance with the law.
It is unfortunate that many continue to view defense lawyers as enemies of justice when, in fact, they are indispensable to its delivery. Without defense lawyers, trials would become witch-hunts, and the presumption of innocence — a core tenet of our legal system — would be meaningless. The belief that a lawyer defends only those who are innocent is misguided. Lawyers defend rights, not crimes. Whether retained privately or appointed by the court through pro bono services, their obligation remains the same: to uphold due process and ensure the accused receives a fair hearing. The primary duty of a lawyer is to the court and this is best performed by assisting the court to arrive at a fair decision “in the purest form possible”- Lord Reid’s dictum in Rondel v Worsley also quoted by Date-bah JSC in GIHOC Refrigeration & Household Products Ltd (No. 1) v Hannah Assi (No.1).
Moreover, the suggestion that a lawyer is motivated solely by money in accepting such a case is not only false but dangerous. Many lawyers act out of a deep commitment to justice and equality before the law. Some are even compelled by the courts to represent accused persons who cannot afford legal representation, especially in hideous cases like murder, under legal aid or pro bono directives.
Attacking a lawyer for doing their job undermines the very justice families of victims seek. It sets a dangerous precedent where legal professionals may be intimidated into silence or withdrawal, leaving justice compromised. We must rise above emotion and place our trust in the legal system to determine guilt or innocence through a fair, transparent process.
In extreme cases, there is the misconception that lawyers lie to defend people presumed to be criminals. We must understand that the proof of crime never resides in our unguided judgements but in provisions made available by justice. People would even question why a lawyer chose to stand in for an accused person, who obviously appeared guilty of a charge. That perception is a curse to justice. We must learn that justice in criminal law deals with no inch of doubt and, as such, any person alleging must prove, beyond reasonable doubt, that an accused is guilty. In such cases, a lawyer does not lie on behalf of an accused or a defendant, as has been the misguided perception. The lawyer’s sole duty in such cases is to critically assess the evidence and statements presented by the prosecution, whose responsibility it is to prove beyond all reasonable doubt that the accused truly committed the crime. This is the hard reality of every lawyer. The bigger and harder reality is that anyone could be a suspect in a hideous crime any day and these principles of justice stand ready to accommodate any person from undeserving hostilities.
It is unfortunate to conclude that the actions of the family members, in the said event, amount to criminal assault under Ghanaian law. Assault — including threats, physical attacks, or attempts to cause harm — is punishable by law and may attract both criminal and civil liability. No amount of pain or grief justifies taking the law into one’s own hands. Such behavior not only endangers individuals but also undermines the authority of the courts and threatens the rule of law. Those responsible for the attack must be held accountable to deter similar actions in the future.
In light of this, I call on the public to respect the work of lawyers and the sanctity of the courtroom. Let us channel our grief, anger, and desire for justice through lawful means, not through violence. Lawyers are not enemies — they are custodians of justice. If justice is to prevail, they must be allowed to work without fear.
Author: Mr. Peter Bamfo is a seasoned communications and governance expert with a strong interest in justice and governance.
