The recent appearance of junior counsel, including media personality Serwaa Amihere, before the Supreme Court of Ghana has ignited a significant debate, highlighting a misunderstanding of the legal profession’s structural and statutory requirements. This discussion, amplified by public commentary, has often overlooked the crucial distinction between a lawyer’s basic entitlement to practice and the necessary professional maturity required for advocacy at the nation’s highest court.
Understanding Pupillage and Legal Practice in Ghana
Upon being called to the Bar, a lawyer in Ghana is not immediately equipped for independent courtroom practice. The Legal Profession Act, 1960 (Act 32), mandates a period of pupillage. This practical training is essential before a lawyer can independently act as a solicitor, sign legal documents, or represent clients in court.
The Court of Appeal has definitively ruled that pupils do not possess an independent right of audience. This ensures that novice lawyers receive supervised training, preventing the potential misuse of legal knowledge by inexperienced practitioners.
The commentary surrounding recent events has often conflated subjective notions of “seniority” with objective legal and institutional milestones. These are not matters for arbitrary interpretation but are clearly defined within the legal framework.
Statutory and Institutional Milestones Define Seniority
The Legal Profession Act, 1960 (Act 32), explicitly requires a minimum of seven years post-call before a lawyer is eligible to become a pupil master and supervise junior practitioners. This is a clear statutory requirement for professional development and oversight.
Beyond this statutory minimum, established conventions within the Ghana Bar demarcate seniority at ten years post-call and upwards. These are objective benchmarks that signify a lawyer’s progression and accumulated experience.
Seniority in the legal profession, therefore, implies more than just the passage of time; it signifies a depth of institutional wisdom and practical experience gained through sustained engagement with the law.
Maturity and Experience: The Crucible of Practice
The core of the current debate lies not in a lawyer’s legal entitlement but in their professional maturity and readiness for the complexities of appellate advocacy. Justice Oliver Wendell Holmes Jr.’s observation that “the life of the law has not been logic: it has been experience” underscores the importance of practical wisdom in legal practice.
While early career successes, such as winning substantive motions or trials shortly after being called to the Bar, are commendable, they do not equate to a comprehensive mastery of legal craft. Such victories can often be attributed to meticulous preparation or favourable circumstances rather than deep-seated systemic understanding.
The Supreme Court is not a venue for on-the-job training. It serves as the ultimate interpreter of the constitution and appellate jurisprudence. The demands of this apex court require extensive case law analysis, rigorous procedural adherence, and a seasoned understanding of judicial policy.
Judicial Discomfort Signals Need for Prepared Advocacy
When the Supreme Court, as indicated by observations from Justice Tanko Amadu in a recent case, expresses discomfort with junior counsel appearing without senior supervision, it is not an act of elitism. Instead, it is an exercise of the court’s inherent jurisdiction to ensure it is properly assisted by its officers.
This stance aims to safeguard the high stakes involved for litigants and uphold the integrity of the judicial process. It is a call for advocacy that meets the elevated standards expected at the highest judicial level.
Bench-to-Bar Mentorship: A Historical Tradition
Historically, the bench has been a supportive environment for young lawyers. Many judges actively mentor and guide newly enrolled counsel as they develop their courtroom skills. This tradition of mentorship is a cornerstone of the legal profession.
The intervention by Justice Tanko Amadu, who has a known history of supporting young practitioners during his tenure as a High Court judge, exemplifies this mentorship. His observation at the apex court should be viewed as an extension of this supportive judicial role—a reminder of the preparedness required for advocacy at the Supreme Court.
Bridging the Gap: Mentorship Over Restriction
The solution to ensuring quality advocacy does not involve creating exclusionary barriers for young talent. A licensed practitioner who has completed pupillage has the legal right to appear before the court.
However, exercising this right effectively at the Supreme Court level necessitates humility and a continued commitment to mentorship. The legal profession has always relied on a strong mentorship model, where formal qualification opens the door, but sustained practice under experienced seniors teaches lawyers how to navigate it.
The focus of the current discussion should shift from mere entitlement to reinforcing the structural mentorship essential for preserving the sanctity and effectiveness of the Supreme Court.
A Call to Action for Senior and Junior Counsel
Senior counsel have a responsibility to guide their junior colleagues. Presenting a junior lawyer with minimal experience alone at the Supreme Court is ill-advised and undermines the traditions of the Bar. The burden of mentorship has become more demanding, requiring dedicated attention.
Junior counsel are urged to exercise restraint and sound judgment. While striving for excellence, they must cultivate a character rooted in their duty to the court, the profession, the client, and the public. Resisting the urge for premature public pronouncements on courtroom successes is part of this professional development.
The reflections on the Serwaa Amihere incident and Justice Tanko Amadu’s call for advocacy mastery serve as a crucial reminder for the legal community to reinforce mentorship and uphold the standards of practice at Ghana’s apex court.
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