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November 5th , 2024

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Kofi Kusi

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MARTIN AMIDU CRITICIZES GHANA BAR ASSOCIATION'S "BLIND LOYALTY" TO CHIEF JUSTICE OVER COURT CLOSURES

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Martin Amidu Criticizes Ghana Bar Association's "Blind Loyalty" to Chief Justice Over Court Closures in Upper East

Former Attorney General Martin Amidu has openly criticized the Ghana Bar Association (GBA) for what he describes as “blind loyalty” to Chief Justice Gertrude Torkornoo over her decision to close courts in Bolgatanga and nearby areas due to security concerns. Amidu argues that this unwavering support could undermine the independence of Ghana’s judiciary, warning that such loyalty poses a “dangerous” threat to constitutional values, democratic principles, and the rule of law.


The decision to close these courts, including in Bolgatanga, was communicated in a memorandum by the Judicial Secretary, who cited the rising security risks associated with ongoing violence in Bawku. However, Amidu criticized this measure as a “naïve” approach, contending that Bolgatanga, despite its proximity, has historically remained unaffected by Bawku’s intermittent conflicts.


Amidu’s criticism extended to the GBA’s endorsement of the Chief Justice’s actions, which he argued lacked scrutiny and transparency. He warned against what he described as the GBA’s “unqualified loyalty,” likening it to sycophancy and urging the organization to instead uphold judicial independence. "The judiciary must remain both independent and transparent, especially in periods of national tension," he asserted.


In his statement, Amidu raised concerns about the potential political implications of this court closure, particularly with national elections approaching. He argued that suspending judicial services, especially in cases that could require urgent legal redress related to the elections, might impede citizens' access to justice. Amidu underscored that the courts' closure could have unintended consequences, potentially obstructing the judicial review process during a critical period.


Further, he questioned whether the Chief Justice’s decision was independently made or influenced by the National Security Council. Emphasizing the need for an independent judiciary, he stated that the judiciary should be safeguarded from decisions that might appear as politically influenced or driven by external pressures.


Additionally, Amidu highlighted the lack of local consultation in reaching the decision, noting that the Upper East Regional Bar Association had not been consulted or passed any resolution requesting court closures. He argued that such a significant administrative decision required local input, stressing that it should not be taken unilaterally by the judiciary without comprehensive stakeholder involvement.


Amidu concluded by calling for parliamentary oversight on this matter, urging the government to ensure accountability and transparency in decisions affecting public access to justice. He stressed that the judiciary's role in upholding justice is especially critical during times of electoral tension, and that administrative decisions impacting citizens’ legal rights should be carefully considered and well-communicated.


This public critique by Amidu has sparked wider discussion on the judiciary’s role in balancing security concerns with citizens’ rights, particularly as Ghana approaches a high-stakes electoral season. 


Source: MyJoyOnline

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