Protect the underprivileged in society – Attorney General charges Public Defenders

The Attorney General (AG) and Minister of Justice, Godfred Yeboah Dame, has charged lawyers at the Public Defenders’ Division (PDD) of the Legal Aid Commission (LAC) to use their division to protect the underprivileged in Ghanaian society.

Public Defenders are essentially, state attorneys who are appointed to defend accused persons who are poor and cannot afford to hire the services of a lawyer of their choice.

In essence, the Public Defender represents in court, the indigent criminal offenders, that is, the poor and vulnerable, women, juveniles, remand prisons and persons with disability who come into conflict with the law.

Call to protect

The AG made the call when he addressed attendees of the launch event of the Public Defenders Division of Ghana Legal Aid Commission today 10 May 2023 at the Lancaster Hotel in Accra. The launch of the division was done in collaboration with the United States Embassy in Ghana.

“I will admonish the Public Defenders Division not to consider itself as an extension of the government that hires them and only work to support its interests.

“This is not the intent of public defence. Public Defenders are hired to defend the underprivileged members of the Ghanaian public, not their state employers” Godfred Dame said.

“Without Public Defenders, all citizens would not be able to access legal representation, and a vital aspiration of the Constitution of the land would be unfulfilled.

“Through your services, the government meets the requirements of the country’s primary laws. It is thus imperative that you discharge your duties professionally and ethically, with your duty to the poor as your watchword,” the AG added.

LAC building

The Attorney General in his remarks observed that “whilst touting the lofty ends to be achieved by the Division, it will be neglectful on [his] part to lose cognisance of the deplorable conditions in which the entire Legal Aid Commission operate.

“The Legal Aid Commission is dogged by dreadful infrastructural and logistical hardships. The temporary premises from which it operates is in a complete state of dilapidation.

“The premises have indeed become woefully too small to accommodate the various offices and divisions of the Commission required by law to be set up, like the Public Defenders Division. Meetings with clients of the Commission, I am aware, are held under tents erected outside and on the corridors of the office” the Attorney General said.

To this end, Godfred Yeboah Dame took the opportunity to renew his pledge to the Legal Aid Commission, “that after the Law House (the new office for Ministry of Justice), the construction of which is set to be completed this year, with the help of the Almighty, [he] will ensure that land is acquired for the construction of a permanent office for the Legal Aid Commission”.

Legal Aid Fund

The Attorney General launched the Legal Aid Fund in accordance with section 31 of Act 977 sometime last year. The finance ministry at the time pledged on behalf of the government to contribute at least 1 million cedis annually to support the fund.

In his speech, the AG noted that he is “happy to state that the Ministry of Finance has redeemed its pledge of contributing One Million Ghana Cedis seed money to the Fund”.

“I will liaise with the Ministry of Finance to ensure that every year, the government contributes at least One Million Cedis, to the Fund. I will urge members of the public to contribute generously to the Legal Aid Fund, for it is good that we make provision for the poor,” Dame said.

“I will also respectfully call on the Board of the Commission to come up with innovative means of ensuring that sufficient contributions, donations and grants are made to the Fund, for a smooth discharge of the noble objects of the Commission,” he added.

Valuable lessons

Rachel Rossi, the Director of, the Office for Access to Justice, United States Department of Justice, in her remarks, acknowledged that public defenders in the United States just like any other country in the world have challenges.

However, she noted that there are lessons she can share about how the United States is addressing public defence challenges. The first lesson she said “is the importance of using government and leadership platforms to highlight and visibly support the vital role of public defenders in defending human rights, supporting the rule of law and ensuring the integrity of justice systems”.

Rachel Rossi, the Director, of the Office for Access to Justice, United States Department of Justice addressed the gathering.

The second lesson according to Ms Rossi, “is to elevate the voices of public defenders as part of the effort to develop long-term and system-wide reforms to make our societies more just and fairer, and to create opportunities for information-sharing and collaboration to life up best practices”.

The third and final lesson, the Director, Office for Access to Justice, United States Department of Justice, said is to employ a whole of government and a people-centred approach to advancing access to justice.