The Ghana Bar Association (GBA) has urged President Mahama to immediately revoke the suspension of Chief Justice Gertrude Torkornoo, describing the action as “unconstitutional”.
In a statement dated April 26, the GBA argued that the President’s decision to suspend the Chief Justice under Article 146(10) of the Constitution is flawed.
GBA contended that the President only exercised his discretionary powers to suspend the Chief Justice under Article 146 in the absence of a published Constitutional Instrument, Statutory Instrument, or regulation governing the exercise of that presidential discretion, in violation of Article 296 of the Constitution.
“The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional,” the statement read.
The GBA further called on the President to release the full decision establishing a prima facie case against Chief Justice Torkornoo, stating that such a move aligns in consistent with established precedent.
“This process is conducted in accordance with the principles of transparency and fairness,” GBA stated.
In addition to the revocation demand, the GBA demanded an enactment of clear and comprehensive regulations relating to matters under Article 146 of the Constitution of the Republic of Ghana involving Superior Court Justices, particularly in the context of the impeachment or removal of such officers.
The Association noted that such regulations are necessary to ensure transparency, accountability and fairness in all proceedings
Furthermore, the Bar Association condemned what it described as prejudicial and politically motivated commentary surrounding the matter, warning that such statements risk eroding public trust in the judiciary.
“The Association affirms its commitment to safeguarding the sanctity of the judicial process and resolves to take all appropriate legal measures to protect the Judiciary from undue interference or unjustifiable attacks,” the statement added.
