Duties of counsel in Ghana case law.

I find it necessary at this stage, to reiterate the caution to Counsel engaged in any litigation in the Courts of our jurisdiction, to consider thoroughly, the rules of procedure governing the practice of law in our Courts, so as to comply with same. As provided for by Rule 5 (2) (e) of the LEGAL PROFESSION (PROFESSIONAL CONDUCT AND ETIQUETTE) RULES, 2020, “a lawyer has a duty to a client to promptly and diligently perform professional functions”. The diligent performance of this duty, in my view, requires that in litigation before our Courts, Counsel’s focus should be, not only on substantive law, but also on the rules of procedure through which the rights granted their clients by substantive law, are actualised.

CHARLES BLANKSON-HEMANS & JOSEPHINA BLANKSON-HEMANS VRS PETER ENTI CIVIL APPEAL NO. J4/14/2026 [2026] SLR (SC) 39 · Supreme Court · 2026 · KWOFIE JSC

It was wrong for Counsel to rely on information from a website (Exhibit C), rather than the Statute (CAP 157), the Order (LN 241) and the certified Judgment of the Reserve Commissioner. Counsel are officers of the Court. Therefore, where relevant statute exists, they ought to bring same to the Court’s attention, in the interest of justice.

JOSEPH ANGMORTE AMADE, EBENEZER KOFI TEYE & NARH KWASI VRS THE ATTORNEY-GENERAL [2026] SLR (SC) 3 · Supreme Court · 2026 · AMALEBOBA JSC