The Ghana Bar Association (GBA) has called for the immediate revocation of the suspension of Chief Justice Gertrude Esaaba Torkornoo.
The GBA, in its resolution on the matter, opined that the decision by the president to suspend the Chief Justice was unconstitutional.
In its official resolution, which also captured other topics, the GBA stated that the suspension was unconstitutional.
According to the Bar, the decision was unconstitutional because the president used his discretion to suspend the Chief Justice under Article 10 of the 1992 constitution without a published constitutional instrument, statutory instrument, or regulations governing the exercise of his discretion, as required by Article 296 of the 1992 constitution.
The GBA further admonished the government to immediately enact clear and comprehensive regulations to guide all processes under Article 146, which governs the impeachment or removal of Superior Court justices.
It stated that the absence of such regulatory frameworks undermines transparency, fairness, and accountability in proceedings involving members of the judiciary.
The GBA also called on the president to release the full decision establishing a prima facie case against Chief Justice Torkornoo.
It believes the move would be in line with established precedent and essential for ensuring procedural fairness and transparency.
Before releasing the official resolution, the GBA claimed that the Chief Justice’s suspension should be reversed.
At its mid-year conference at the Labadi Beach Hotel, the GBA passed a resolution urging the president to lift the suspension of Chief Justice Gertrude Torkornoo.
Members of the Bar expressed dissatisfaction with the substance and tone of the Ghana Bar Association’s statement dated April 24, 2025.
The lawyers criticised the Chief Justice’s suspension based on the petitions and the finding of a prima facie case, and they advocated for a constitutional instrument to guide the process of removing judges.
Background
President John Dramani Mahama suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo after establishing a prima facie case in connection with three separate petitions seeking her removal from office.
An official statement issued and signed by Felix Kwakye Ofosu, government spokesperson, disclosed that the decision is in line with Article 146(6) of the 1992 Constitution and taken in consultation with the Council of State, on Tuesday, April 22, 2025.
The President issued a warrant for the immediate suspension of the Chief Justice pending the outcome of the committee’s investigations per Article 146(10) of the constitution and upon the advice of the Council of State.
By: Rainbowradioonline.com/Ghana