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The GBA should inform the public if they support the unconstitutional conduct of the CJ Kwakye Azar

April 28, 2025
Kwaku-Azar

Private legal practitioner Professor Kwaku Asare, aka Kwaku Azar, has taken a swipe at the Ghana Bar Association for asking President John Dramani Mahama to reinstate Chief Justice Gertrude Esaana Torkornoo.

In an opinion he shared on his Facebook page, Professor Asare said since the GBA has finally found its voice, it would be important for them to state their positions on very important matters.

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He wants the GBA to tell Ghanaians if they support the Chief Justice for personally selecting and submitting five names for Supreme Court appointments, which he said was in breach of Article 144(2) of the Constitution.

The accounting professor also wants the GBA to tell Ghanaians if they will defend or condemn the practice of reconstituting Supreme Court panels to engineer preferred outcomes.

He opined that “Until the GBA meaningfully addresses these serious constitutional questions, it ought to suspend its resolution calling for the revocation of the Chief Justice’s suspension”.

Read his full post below

Less than a week after calling for the rule of law to prevail, the GBA has reversed course — now urging the President to revoke the suspension of the Chief Justice.

It’s good that the GBA has finally found its voice.

We would now like to hear that voice on these pressing constitutional matters:

  1. Supreme Court Nominations:
    Does the GBA support the Chief Justice personally selecting and submitting five names for Supreme Court appointment — contrary to Article 144(2) of the Constitution?
  2. Nomination Criteria:
    Will the GBA explain what criteria the Chief Justice used in choosing her five nominees — and whether it meets constitutional standards of merit, transparency, and fairness?
  3. Usurpation of the Judicial Council’s Role:
    Does the GBA condone the Chief Justice bypassing the Judicial Council, the body constitutionally entrusted with recommending nominees to the Supreme Court?
  4. Backroom Deals on Judicial Appointments:
    Does the GBA support secret backroom exchanges and entanglements between the Chief Justice and the Executive over who sits on Ghana’s apex court?
  5. Reconstitution of Panels:
    Will the GBA defend or condemn the practice of reconstituting Supreme Court panels to engineer preferred outcomes — a blatant violation of decisional independence?
  6. Unconstitutional Directives:
    Does the GBA believe the Chief Justice can lawfully issue administrative directives that bypass constitutional procedures and established checks?

Until the GBA meaningfully addresses these serious constitutional questions, it ought to suspend its resolution calling for the revocation of the Chief Justice’s suspension.

Da Yie!

By: Rainbowradioonline.com/Ghana

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