James Agalga is one of Ghana’s rising legal eagles. After graduating from the University of Ghana and the Ghana School of Law, James underwent his mandatory pupilage at Hesse and Hesse Law Firm. Further experience came with a turn under the renowned practitioner, John Ndeburi.
Six years ago, James set up his own legal firm, Law Temple and has since achieved stunning success. By pleading and winning some renowned and historic cases, Mr Agalga has been established as one of the nation’s most diligent practitioners.
For James, the law is a labour of love. Imbued by a passion to right the wrongs in society from the bar, he has represented clients who though unable to afford legal services, deserved a chance to at least have their day in court.
It was this passion that informed his decision to study law and it is now the guiding principle of his practice.
“I saw the law as a tool to fight injustice and the imbalances within our society – the gap between the poor and the rich and the inability of some people to afford the basic necessities of life. I believe all these can be traced to certain injustices in the system so I opted for law to be able to equip myself sufficiently to fight all manner of injustices in society.”
Mr Agalga believes that this is a choice that every lawyer has to make and he stands proudly by his decision.
“Every lawyer has a choice to make after being called to the bar. When you are called to the bar you take an oath to give justice to all persons without fear or favour as an officer of the court. What that means is that regardless of the status of the person, you do not turn clients away. You defend them to the best of your ability. These are the core principles and values that are embedded in the legal profession. Personally, while my practice is the source of my livelihood, I have also recognized the fact that it is important to use the profession to gain justice for all manner of persons”.
It is a matter of some pride to him thus, that he has never turned down a client for the reason that they were unable to pay him. An example is when he had to help a young man retrieve his degree when the institution at which he had studied accused him of presenting “unauthenticated” documents at the point of admission. This was after he had been through the mandatory number of years, sat and passed his exams.
“When I looked at the documents of the young man, I could see he had a case even though he could not afford legal fees. I elected to do justice, went to court and fought the case and by the grace of God we got judgment and the institute was ordered to award him his certificate, which they did. I am happy to say we’ve done quite a number of these things with the view to securing justice for those who would otherwise not have had the opportunity”.
This is one of several famous victories. “In the matter of the MV Benjamin case where some people were arrested and charged with various offences, I was called into action as a defense attorney for a Korean national by the name of Pak Bok Sil. He was supposed to have worked on the vessel prior to its ill-fated voyage. It was strange how such a person who had merely worked on the vessel was rounded up and kept for nearly two years. I didn’t hesitate when I was called on to take the case and out of the number arrested, he was the only one who was acquitted and discharged by the court. As a lawyer, I look on that as a highlight that I was able to secure the freedom of Pak Bok Sil. It was quite remarkable.”
Criminal law is one of the fortes of the Law Temple where Mr Agalga is the Managing Partner. They also do a lot of litigation and land cases. In one such case, a family that had been living on a piece of land in Accra Central suddenly had to deal with a rival claim when under pressure from the Accra Metropolitan Assembly, they sought to use the land for commercial purposes, leading to a hike in its value. Here again, Mr Agalga sprang to action. But this case had a sobering turn when the first judgment went against Mr Agalga’s clients.
“I felt really bad because I felt we had a water-tight case. But the beauty of the law is that you can seek remedies from the appellate court if you’re dissatisfied. It took a really long time but I am happy that the court of appeal finally delivered judgment in the matter and overturned the verdict of the high court. That day, looking at the joy on my clients’ face after judgment had been given nearly brought me to tears. I felt happy that for over half a decade, I had not relented in seeking justice for my client. I did not abandon the case and my clients did not lose confidence in me.”
Moments like this, he says, are the some of the best things about being a lawyer. “The joy and fulfillment that comes from delivering justice is one that I can’t describe”, he says.
These moments are hard-won, though and James believes the reason why he has been able to experience them is that he works so hard. He describes his one approach as one of diligence and unrelenting application, traits encouraged by his father and which got him through school.
“From a tender age I never played with my studies. I have used the same approach throughout my career because as a lawyer, I believe that hard work is key. You have to stay up late studying your cases and briefs. There is no secret to it. I pay the greatest attention to my cases. If you want to be successful, you must accept that you can’t compromise on hard work.”
The hard work is paying off and Law Temple is a testament to it. With six young, bright and ambitious lawyers, Law Temple is establishing itself as a force in its areas of operation. As a result of their reputation, clients come from both far and near. Cases have to be tried in Takoradi and Wa and in response to that, expansion is being actively plotted.
“We are very ambitious and looking to expand. We’d like to have our own office complex so we can take in more lawyers. We want branches in other parts of the country and even internationally. On occasion, I have to travel, to other parts of the country, as far as Wa for example, to try cases. Why shouldn’t Law Temple have a branch there? Or in Kumasi,Takoradi and even internationally? So expansion is a big part of our vision”.
That, and aiding business and development in Ghana. Mr Agalga believes that the law is a necessary complement to business and investment.
“Business and law are bedfellows. Before one does any business in any country, one must clearly understand the legal regime. That will enable you make a firm decision on whether to invest or not. Naturally, business people will be keen to know what the court system in the country is, what avenues are available for the resolution of disputes because no one wants to be tied up in court for ages in protracted litigation. So the law is essential to investment. You need a lawyer to advise you when setting up a company and help you navigate the peculiar requirements of our laws, specifically the Companies Act. These are all legal questions so obviously, one needs lawyers to help one’s business. Thankfully, we have a legal regime that I think is receptive to business and foreign investment”.
Law Temple is thus positioned to assist businesses – both local and foreign – navigate the legal waters as they set about to create wealth and jobs. To Mr Agalga, this is a national duty.
“We are prepared to support our clients, be they from the business community or otherwise to seek justice and achieve their aims. We shall also be doing whatever we can to promote the justice delivery system in the country, including assisting those who are unable to afford legal fees as we have been doing. And by providing legal services that enable businesses to grow, we shall be supporting positively the national development effort”.
This is a commitment extended to all – a commitment to assist all men and women, and in so doing, assist the nation.
“We are prepared to support our clients, be they from the business community or otherwise to seek justice and achieve their aims. We shall also be doing whatever we can to promote the justice delivery system in the country, including assisting those who are unable to afford legal fees as we have been doing. And by providing legal services that enable businesses to grow, we shall be supporting positively the national development effort”.