Private legal practitioner Thaddeus Sory has criticised the Ghana Bar Association’s (GBA) stance on the Acting Chief Justice’s directive on case assignments.
This follows the GBA’s National Executive Council’s release, which included resolutions from its recent mid-year conference demanding that the Acting Chief Justice withdraws the directive issued after the suspension of the Chief Justice.
The GBA has described the Acting Chief Justice’s assignment of cases as ‘uncertain’ and labeled the suspension of Gertrude Torkornoo as ‘unconstitutional’.
However, Thaddeus Sory argues that case assignment is a function of the Chief Justice’s office, not the individual, and should be respected regardless of who holds the position.
In a post on his Facebook Tuesday, April 29, 2025, the lawyer indicated that “by law and longstanding practice, the power to assign cases is an administrative function of the Chief Justice. This function pertains to the office of the Chief Justice—not the individual currently holding the title.”
“Therefore, anyone constitutionally recognized as the Chief Justice, including one serving in an acting capacity, is empowered by law and practice to assign cases. The suspended Chief Justice exercised that function while in office. Now, the Acting Chief Justice must do the same,” he explained.
He argued that the GBA’s stance implies that the Chief Justice’s constitutional functions are reserved for specific individuals, rather than the officeholder, whether acting or substantive.
“The Bar’s position implies that the powers of the office are personal to the suspended Chief Justice.”
He questioned why the Bar remained silent at the time Madam Torkornoo reassigned judges and made changes in case allocations as Chief Justice and questions same decisions being taken by another in acting capacity.
“But when she was in office, the Bar raised no objections as she reassigned judges and altered case allocations. Did they then suggest she rely on an algorithm or random generator to assign cases? Were her removals and replacements of judges questioned?” he quizzed.
Mr. Sory maintained that “the law is not the sole preserve of the Bar’s interpretation” and that “the law is not in bosom of the Bar”, urging the Association to head to court if it believes the President has acted contrary to the law for suspending the Chief Justice.
CJ’s suspension: Go to court if you have a case – Thaddeus Sory tells GBA
