Private legal practitioner, Thaddeus Sory, is urging the Ghana Bar Association (GBA) to proceed to court following its stance on the suspension of the Chief Justice.
The lawyer says the GBA should stop issuing threats and seek legal redress if it believes it has a case.
The Association has berated President John Dramani Mahama for suspending Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, following some petitions that were filed for her removal by some private citizens.
Complying with Article 146(10) of the 1992 Constitution which mandates the President to suspend the Chief Justice in consultation with the Council of State, President Mahama suspended Madam Torkornoo following the petitions. “… the President may, acting in accordance with the advice of the Council of State, suspend the Chief Justice.”
But the GBA has warned of an imminent legal action if the suspension is not revoked.
The Association’s stance comes after its National Executive Council released resolutions from its recent mid-year conference, where it declared the suspension unconstitutional.
The GBA has said there needs to be clarity in the legal process, indicating the move will be crucial to establish guidelines for the future.
The Public Relations Officer of the GBA, Saviour Kudze, speaking on Accra-based Joy FM Tuesday, April 29, 2025, explained that the potential court action will seek judicial interpretation to prevent the arbitrary use of executive power in such matters.
The GBA says the CJ’s suspension violates Article 296 of the 1992 Constitution which requires published regulations for the exercise of discretionary powers.
This, is what the GBA argues the absence of such renders the suspension unlawful.
But in a statement on his Facebook Tuesday, April 29, Thaddeus Sory insisted the President has not acted in contravention with the law, arguing that the Chief Justice’s suspension is in line with the Constitution.
He argues that once the President is advised by the Council of State, he is bound to act. “The word “may” here does not grant discretion to act unilaterally. Once advised by the Council of State, the President is constitutionally bound to act – he must suspend,” Sory indicated.
He urged the GBA to proceed to court if it is convinced that the President has violated any regulation.
“There is no need for threats or rhetorical outrage. If the Bar believes it has a case, let it go to court,” portions of his statement indicated.
