Legal practice and the pioneer Gold Coast attorneys

In 1853, when the colonial institution of the Supreme Court was established, some educated aborigines developed a keen interest in the craft of advocacy, or the legal profession. As a result of this, in 1864, a court order was made to license a select-few African practitioners. But African legal practitioners on the Gold Coast went through their fair share of challenges.

The aristocrats grew increasingly envious of the social influence that these practitioners held, especially when their subjects sought legal representation to contest their decisions or conduct: Joseph Martin, was once sent by King Aggrey of Cape to give evidence before the 1865 Select Committee in London, and criticised ‘the employment of attorneys when the natives had better speak for themselves’.

These attorneys came to represent an intermediary between the formalised legal proceedings of the court, and their illiterate suitors. But more importantly, this made English legal proceedings an acceptable alternative route to justice, and to a great extent, undermined the existing customs and traditions, which came to affect the authority of the traditional African ruling elite.

However, in 1865 the licenses were discontinued and African lawyers were forbidden from appearing in court uniformed in wigs and gowns. The Administrator, Colonel E. Conrad, proceeded to interdict all self-educated African lawyers.

In 1867, African attorneys were once more licensed and continued with their practice. But the new Chief Magistrate, W. A. Parker, was also quite hostile towards the aboriginal lawyers. The successive Chief Magistrate, D. Chalmers, felt African attorneys lacked the necessary education, and that they charged suitors excessive fees, although he acknowledged that there was an especially high demand for their services.

In 1870, he banned African attorneys once more from practicing, and in 1873 he advanced the argument that they should be excluded altogether from the courts. However, the Secretary of State, Lord Carnavon opposed this. He suggested that, instead, prospective attorneys should be required to pass an examination before the Chief Magistrate, designed to prove their knowledge of court procedure, and of the broad general principles of civil and criminal law.

The first qualified African lawyer to practice in the Gold Coast was J. Renner Maxwell, during 1883-4; he was followed by P. Awoonor Renner in 1884 and J. Mensah Sarbah, the first lawyer entirely of Gold Coast descent, qualified in 1887.

P. Awoonor Renner turned down a senior government appointment on the grounds that he was making a £1,000 a year from his private practice. A lawyer’s prestige was enhanced not only by his material affluence, but also by the fact that on occasions he could subject members of the ruling race to cross-examination. From this time onwards it was lawyers that took the lead in political movements, protests, deputations, and petitions.