The Ghana Bar Association (GBA) has called on all parties involved in the ongoing process surrounding the suspension of Chief Justice Gertrude Torkornoo to uphold the rule of law and act within the bounds of the 1992 Constitution. The Association’s timely intervention came through a strongly worded statement signed by its National President, Mrs. Efua Ghartey, and National Secretary, Mr. Kwaku Gyau Baffour, issued on Wednesday, 24 April 2025.
The GBA, a pillar of Ghana’s legal landscape, has been closely observing the situation unfold over the past two months. The recent development, which saw President John Mahama suspend the Chief Justice after appointing a committee to probe multiple petitions submitted against her, has stirred significant national attention. The GBA’s leadership has now stepped in to stress the importance of respecting constitutional procedures and ensuring that justice is not only done but seen to be done.
According to the statement, as of 27 March 2025, three separate petitions had been formally submitted seeking the removal of the Chief Justice. In addition, two lawsuits have been filed at the Supreme Court, with applications seeking injunctions and challenging the legality of the procedure. These developments have sparked public debate and legal scrutiny, particularly concerning the President's authority to initiate such a process.
The GBA affirmed that per Article 146 (6) to (10) of the 1992 Constitution, the President, in consultation with the Council of State, is empowered to appoint a committee to investigate the petitions. The Association also reminded all stakeholders that the proceedings of the said committee must be conducted in private, in accordance with constitutional provisions, which ensures a fair and non-partisan process.
Highlighting the current sub judice nature of the matter, the GBA urged all involved to be guided by Article 296 of the Constitution. This article requires that discretionary powers be exercised fairly, candidly, and without bias. The Association stressed that judicial processes must always reinforce public confidence in the legal system, not erode it.
The statement further underscored the central role of the judiciary in Ghana’s democratic fabric. It pointed out that justice in the country is derived from the people and administered by the judiciary, led by the Chief Justice. In this light, the GBA emphasised that any attempt to remove the Chief Justice must not only comply strictly with the law but must also protect the dignity and independence of the judicial office.
In reaffirming its mandate, the Ghana Bar Association declared its ongoing commitment to serve as the moral compass of society. It stated that it would continue to be the voice of the voiceless and uphold the Constitution, which embodies the collective hopes and aspirations of the Ghanaian people. The GBA’s message was clear—let the rule of law be the guiding star as the nation navigates this critical judicial moment.
blogpay
Total Comments: 0